1. The defendant's appeal is dismissed.

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

3. Judgment of the court of first instance No. 1-B.

1. The reasoning of the court of first instance is as follows: (a) the third and fifth instances of the first instance judgment’s “lease” shall be deemed as “Lease”; (b) the fifth and fourth instances of the fifth instances of the Act on the Support for Small and Medium Enterprise Establishment; (c) “2007Da21865” as “207Da21856; and (d) “48,150,013” as “47,685,498 won” as “47,685,498 won”; and (d) the Defendant’s assertion added in the first instance trial as stated in the reasoning of the first instance judgment, except for the further determination under paragraph (2) below, shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Article 37 subparag. 3 of the Support for Small and Medium Enterprise Establishment Act (hereinafter “instant prohibition provision”) prohibits a person who has obtained approval of a business plan under the said Act from leasing land for a factory with approval of a business plan to another person or using it for purposes other than a factory. Since the above provision is effective, the instant lease agreement is null and void.

Therefore, the Defendant does not have the obligation to pay rent, etc. under the instant lease agreement to the Plaintiff, and is entitled to possess the instant building until the Plaintiff was returned KRW 30 million from the Plaintiff.

B. According to the records in Gap evidence No. 8 and the fact-finding with regard to Sejong Special Self-Governing City Mayor, the Plaintiff completed the instant building with approval from the head of Sejong Special Self-Governing City under Article 33 of the Support for Small and Medium Enterprise Establishment Act on July 5, 2013, and thereafter, the Plaintiff entered into an initial contract with the Defendant on August 27, 2014 and registered the factory of the instant building with the head of Sejong Special Self-Governing City on September 4, 2014, approximately one week after September 2014. Meanwhile, the relevant provisions of the Support for Small and Medium Enterprise Establishment Act regarding the instant case are as follows.