The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

In the first instance court, the Plaintiff sought payment of KRW 13,370,000 in total, KRW 10,000 in lease deposit, KRW 350,00 in the market value, KRW 420,00 in labor cost for the construction of warehouse, KRW 1,60,00 in directors’ cost, KRW 13,370,00 in the market value, and KRW 13,370 in the market value. The first instance court dismissed all the Plaintiff’s claim.

However, the Plaintiff appealed only for the portion of KRW 420,00 for the construction of warehouse, KRW 1,600,000 for the director's expenses, KRW 1,000 for the consolation money, and KRW 1,000 for the consolation money. Thus, this Court shall decide only on this portion.

In fact, on May 20, 2015, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit is KRW 13,000,000 per annum of the first floor housing 49.14 square meters (hereinafter “instant building”) among the land buildings in Jung-Eup-si, Jung-do, and KRW 200,00 per month for the rent, and the lease term is set from May 20, 2015 to May 20, 2016 (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid the lease deposit to the Defendant.

On November 1, 2016, the Plaintiff was requested by the Defendant to leave the building of this case on December 10, 2016.

[Grounds for recognition] The Defendant unilaterally reversed the instant lease agreement on November 1, 2016, before the expiration of the two-year lease term under the Housing Lease Protection Act, by stating the facts without dispute, Gap evidence 2, Eul evidence, Eul evidence 1 and 2 (including the provisional number; hereinafter the same shall apply), and the purport of the whole pleadings.

Therefore, while constructing a warehouse attached to the building of this case, the Defendant shall compensate the Plaintiff for the amount of KRW 420,000 (140,000 per day x 3 days), the Plaintiff’s personnel expenses (1,60,000 per day x 3 days), the director’s expenses borne by the Plaintiff while leaving the building of this case, and ③ the consolation money of KRW 1,00,000 for physical and mental damage caused by myi, damp, malodor, etc. during the period of residence in the building of this case.

Judgment

Whether the defendant's unilateral contract is reversed or not.