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1. The plaintiff's ancillary claim added to the trial prior to remand is dismissed.
2. A claim created by the conjunctive claim; and
Reasons
1. The judgment of the court below prior to the remanding of the scope of the judgment of the court below, which rejected the plaintiff's appeal against the judgment of the court of first instance and the main claim expanded before the remanding of the case, all of the plaintiff's appeal against the judgment of the court of first instance and the main claim expanded before the remanding of the case. The defendant only filed an appeal against the judgment of the court below prior to the remanding of the conjunctive claim, and the Supreme Court reversed and remanded the part of the judgment of the court below relating to the conjunctive claim
2. Basic facts
A. The plaintiff and B are legal couple, and the defendant are the father and mother of the plaintiff.
B. On August 5, 2002, the Defendant purchased the instant land from the Plaintiff at the request of the National Bank of Korea to lease it to the Plaintiff. On August 7, 2002, the Plaintiff purchased the instant land by borrowing KRW 600 million from the Defendant’s National Bank. On August 7, 2002, the Plaintiff paid KRW 50 million deposit to the Defendant on the lease term from August 7, 2002 to August 7, 2007, the lease deposit amount was determined and leased as follows (hereinafter “the first lease contract”). On the same day, the Plaintiff paid KRW 50 million to the Defendant the lease deposit amount.
Article 2 (Term of Lease) If a lessor or lessee fails to give written notice to the other party of his/her intention to conclude this contract or to amend the terms and conditions thereof not later than two months before the expiration of the term, the lease contract shall be deemed to have been extended for one year on the same terms and conditions as this contract. Article 4 (Lease 1) The term of rent for the period from the third month (from August 7, 2002, until November 6, 2002, until November 6, 2002) after the expiration of the term of lease to the third month (from November 7, 2002, to May 6, 2003), the term of rent for the period of land (from May 7, 2003 to November 6, 2003) shall be ten million won each month for each tax imposition.