The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

1. Factual basis

A. In order to construct and operate a marina, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract with Defendant B on July 9, 2013 on the lease deposit amount of KRW 234 million, monthly rent of KRW 20,000,000 (excluding value-added tax), and the term of lease of KRW 234 million, monthly rent of KRW 20,000,000,000 (excluding value-added tax) and from July 9, 2013 to July 8, 20202, the Seoul Dobong-gu Seoul Metropolitan Government, which owned Defendant B Co., Ltd. (hereinafter “Defendant B”), entered into a contract with Defendant B to lease KRW 3,98,00 square meters (hereinafter “65.9 square meters divided among them”) and to bear the expenses therefrom as follows:

Neighborhood living facilities necessary for the tenant's business during the lease period (within 1,338 square meters of underground buildings for a set) shall be newly built in the name of a lessor, but all expenses incurred in building costs and taxes (including alteration of form and quality, development charges, and registration tax) except value-added tax shall be borne by the lessee.

In such cases, the lessor shall calculate the relevant expenses as the rent for the player and account for the additional rent separate from the monthly rent paid each month during the lease contract period.

The value-added tax on the additional rent under the preceding paragraph shall be borne by the lessee, and in any case after the lease contract is terminated, the lessee does not claim all rights related to the new building.

A lessee shall not install any fixed equipment, such as machinery, in addition to the repair of an existing building without the lessor's permission, and the lessee shall bear expenses incurred in the leased object, notwithstanding the difference in the amount, and shall not claim against the lessor for expenses incurred in the leased object under the pretext of beneficial expenses and necessary expenses at the time the lease contract is terminated.

B. Since then, Defendant C (hereinafter “H”) constructed a new residential building on the ground of the instant land to H (hereinafter “instant construction”).