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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Presumed facts
A. On June 5, 2002, the land of this case was divided from L land in the course of partition of co-owned property on June 5, 2002. On December 13, 2002, C, 99 square meters (the land category on the same day is changed to miscellaneous land; hereinafter “instant land 1”) and D 861 square meters (hereinafter “the instant land 2”).
B. The Plaintiff entered into a lease agreement and the changed Plaintiff entered into a lease agreement with the Defendant and M, the co-owner of the land in the Yongsan-gu, Yongsan-gu, Busan Metropolitan City L, which determined 600 square meters from the above land as the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,000,000, and the lease period of KRW 202 from 2002 to 2009, on condition that the Plaintiff may newly construct and operate the automobile maintenance factory on the above land.
Since then, when the land Nos. 1 and 2 in this case was divided into the Defendant’s sole ownership from the above land, the Plaintiff entered into a lease agreement with the Defendant on November 10, 2004, which changed the lease term from November 10, 2004 to February 14, 2010 (hereinafter “instant lease agreement”).
C. On November 28, 2002, the Plaintiff newly constructed, on the land of this case, a building for using the instant two facilities as a toilet, restaurant, accessory warehouse, etc. (hereinafter “instant appurtenant building”) on the land of this case, and on December 13, 2002, a building for using the instant facilities as a toilet, restaurant, warehouse, etc. on the land of this case (hereinafter “instant appurtenant building”). On December 13, 2002, the Plaintiff registered the preservation of ownership under the name of the Defendant only with respect to the instant main building only on the land of this case.
From around 2003, the Plaintiff operated an automobile maintenance plant (hereinafter “instant maintenance plant”) in the above buildings.
On the other hand, the defendant raised an objection between July 2014 and September 2014.