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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. The following facts are acknowledged in full view of the absence of dispute between the parties to the facts of recognition, the entries of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 8, and the purport of the whole arguments of fact inquiry with respect to the head of Jung-gu Seoul Special Metropolitan City Office
A. (1) In relation to the previous lease agreement, the Defendant is the owner of each land indicated in the attached Table 1 (Land) and each land indicated in the attached Table 1 (Land), J 451 square meters and K 205 square meters. On April 19, 1983, the Defendant completed H Park in 1987, with the permission to implement an urban planning project on H Park development project, which provides that sports facilities, etc. are installed in a group of the above land and prepares an urban park.
(2) On August 13, 1990, the Defendant leased all of the rights to manage and operate the land and the facilities already installed within H Park in one of the above lands to third parties, G, and upon obtaining permission from the competent Gu office on September 1990, the right to implement the urban planning project was transferred to G.
(3) On March 2, 192, G newly built a golf range of 270 square meters per floor and 180 square meters per second floor (hereinafter “instant golf range”) on September 21, 1992 after obtaining a construction permit for the installation of urban planning facilities, such as a golf range, in the above park site under the Defendant’s name, on September 21, 1992. The instant golf range was registered as owned by the Defendant in the building management ledger on September 28, 1992.
(4) Since the commencement of an additional business within H Park, however, the said business was discontinued due to financial shortage, and the victim of the sale belonged to it. G not only did it pay the lease deposit under the lease agreement at the time but also did not pay the rent for the year 199 and the year 2000, G notified G that the Plaintiff clan terminated the lease agreement on the grounds of its nonperformance on or around February 200 and June 200.
(5) The head of Jung-gu Seoul Special Metropolitan City is against the defendant on December 18, 200.