1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 31, 2010, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the condition that the Plaintiff shall pay KRW 2,00,000,000,000 under the first floor of the building located in Jongno-gu Seoul Metropolitan Government C at KRW 307.04 square meters (hereinafter “instant building”), from March 31, 2010 to March 30, 2012, and KRW 3.5 million (excluding value-added tax, and the last day of each month) of the rent month to the Plaintiff. However, in consideration of the heavy taxation imposed by the Plaintiff on the Defendant who is the owner of the instant building by leasing the instant building and operating it as studulum, the Plaintiff shall pay the Defendant a heavy taxation burden amounting to KRW 2,00,00 per month (hereinafter “ heavy taxation burden”).

Among them, the contents of the instant case are as follows:

Article 3 (Change of Use, Sub-lease, etc.) The lessee may not change the purpose or structure of the building of this case, nor sub-lease, transfer the right of lease or offer the security, nor use it for any purpose other than the purpose of lease without the consent of the lessor.

Article 4 (Termination of Contract) If the lessee fails to pay the rent for a period of two years or violates the provisions of Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the building of this case to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Matters of special agreement

1. The heavy taxation on the first floor above the ground imposed by the tax authority each year on a lessor including the property tax on buildings and land shall be paid in full by the lessee;

2. The lessee shall pay to the lessor a deposit of 50 million won, the rent of 3.5 million won and value-added tax of 3.5 million won by the end of each month.

3. With respect to the heavy taxation portion (land, building) and the underground floor, two million won shall be imposed monthly.