1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

1. Basic facts

가. 원고는 2002. 12. 26. 피고와 사이에 피고 소유의 광주 북구 D 대 6,816.9㎡(이하 ‘이 사건 토지’라 한다) 및 그 지상 5층 건물 2,812㎡ 2,812㎡ ≒ 681.65㎡ × 4(1층 내지 4층) 85.62㎡(5층) (뒤에서 보는 바와 같이 증축 등에 의하여 별지 목록 제1항 기재 건물로 되었다. 증축되기 이전의 건물을 이하 ‘증축 전 제1건물’이라 한다)에 관하여 임대차보증금을 8억 원, 차임을 월 1,500만 원(부가가치세 별도), 임대차기간을 2003. 1. 6.부터 2008. 1. 5.까지로 하여 임차하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하고, 위 토지 및 건물에서 ‘E장례식장’을 운영하였다.

The instant lease agreement includes the following special terms and conditions.

Article 11 (Matters of Special Agreement) (2) Lessee will not make any claim during the use of the said real property, such as facility costs, beneficial costs, and the right to purchase accessories when the contract is terminated or terminated.

(3) No lessee may construct a new building or install a facility without the written consent of the lessor, and the ownership thereof shall vest in the lessor upon consent.

B. The Plaintiff, with the Defendant’s consent, newly constructed on May 29, 2002 a funeral hall of 2.09 square meters (2.09 square meters per place) with the Defendant’s funds, and newly installed on February 3, 2003 a 142.62 square meters and 2, and 3 square meters on each floor of reinforced concrete tanks funeral hall of 21.4 square meters and 21.4 square meters on each floor of 142.62 square meters and 4-story reinforced concrete structure office of 21.4 square meters prior to the extension, filed a report on the extension in the building register (the use of the 1 building was changed to the funeral hall of February 4, 2003, although the office had had been used for the 1 building before the extension, as mentioned above). Accordingly, on June 24, 2003, the registration of the alteration was made by adding the funeral hall of 2 attached buildings to the 1 building that was newly constructed on June 24, 2003.