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1. Revocation of the first instance judgment.
2. On the basis of the changed primary claim at the trial court, the defendant shall be KRW 58,400,000 to the plaintiff.
Reasons
1. Basic facts
A. 1) On January 4, 2011, the Defendant is 3,287 square meters for D and Osan-si C (hereinafter “instant land”).
2) G GHarts to be newly built on and on its future ground (hereinafter referred to as “instant Eart”).
(2) As to the term of the lease agreement, deposit KRW 250 million, monthly rent of KRW 8 million, lease term from April 1, 2011 to March 30, 2018 shall be set forth, and a lease agreement (hereinafter “instant lease agreement”) including the following matters as a special agreement:
(2) Upon entering into a contract, the lessor created a right to collateral security, and the lessor was paid the down payment of KRW 25 million on the same day. - In particular, the deposit of the intermediate payment - the sum of KRW 150 and KRW 250,000,000 (20,000 shall be extended and used by the owner, and KRW 50,000 shall not be claimed by the lessee) of the instant building, which is to deposit after the opening of the floor construction after the commencement of the construction, the lessor set up a right to collateral security, and the lessor would allow the lessee to sublease within the store during the term of the lease, but the lessor was not responsible for the lessee. However, around March 20, 201, D and D agreed to pay KRW 25,500,000,000,000 to the construction cost of the instant lease on behalf of the Defendant, in lieu of the construction cost to be paid by the Defendant.
3) However, on April 15, 201, D: (a) extended the prefabricated structure of 150 square meters (510 square meters) in addition to the main building of 150 square meters (480 square meters) of the instant marina, which was granted a building permit from the Masan Market; and (b) started business around June 20, 201 without obtaining approval for use; (c) on May 26, 2011 and June 21, 2011, D issued a corrective order to order the Defendant and D to restore the site to its original state or suspend business activities; (d) imposed a non-performance penalty of 23,136,000 square meters on the Defendant and D on July 15, 201; and (e) subsequently, the Defendant fulfilled the said corrective order on September 7, 2011, and (e) performed the said corrective order.