1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff concluding a lease agreement is an aggregate building A, an aggregate building in Dongdaemun-gu Seoul Metropolitan Government, the management body of the shops.

The Plaintiff entered into a lease agreement on the lease of the instant commercial building between D and D on June 8, 2007, with a deposit of KRW 150 million, monthly rent of KRW 88,000 (including additional tax), and the lease period of the said commercial building to be set at 36 months (hereinafter “instant lease agreement”), and delivered the instant commercial building to D around October 2007.

B. Around August 25, 2008, the Defendant, a model of D’s charge for compelling the performance, actually occupied and used the instant commercial building without permission, and accordingly, began to impose a charge for compelling the performance on each head of Dongdaemun-gu Seoul Metropolitan Government, on the grounds that the head of Dongdaemun-gu Seoul Metropolitan Government changed the use of sales facilities to amusement facilities.”

C. On September 9, 2010, D notified the Plaintiff of the termination of the instant lease agreement without renewal on October 2010, which was the termination date of the instant lease agreement, and the Plaintiff also responded to the Plaintiff’s termination of the instant lease agreement as of October 31, 2010, around September 17, 2010.

Since October 31, 2010, the occupation and use of the defendant continued after the defendant's possession, use and delivery.

Around March 14, 2015, the Plaintiff demanded the Defendant to deliver the instant commercial building to the Defendant and agreed with the Defendant to leave the instant commercial building, and received the delivery of the instant commercial building around April 2015.

[Reasons for Recognition] There is no dispute, Gap 1 to 1.