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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit is revoked, and that part constitutes the revoked part.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On January 29, 2019, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit amount of KRW 20,000,000 for the lease deposit for the old-si C Building 3rd floor D and E (hereinafter “instant building”), KRW 2,300,000 for the rent month (prepaid on April 1), and KRW 36 months from April 30, 2019 to April 29, 202 (hereinafter “instant lease agreement”).
B. The Plaintiff paid KRW 10,00,000 as down payment with respect to the instant lease agreement. The Plaintiff and the Defendant agreed to actively cooperate with the lessor (the Defendant) when changing the purpose of the use of the building is necessary due to the special terms and conditions on the said lease agreement, and to bear all expenses, such as the charge of the person causing sewage and wastewater, arising from the business authorization agreement.
C. On April 19, 2019, the Plaintiff requested the Defendant to change the use of the instant building under the Building Act, which became “business providing Internet computer game facilities,” and around April 19, 2019, issued to the Defendant a certificate of content that “In the event the instant building is unable to operate as a LbC, unless its use is changed to a general restaurant, it is possible to take measures so that it can be used as a LbC, such as changing the use of the building, so that it would take possible legal measures if it is not specific performance for the change of use, etc. to the next week
On April 26, 2019, the Defendant delegated a certified architect with the affairs to change the use of the instant building to a general restaurant, and sent a certificate of content that the Defendant submitted an application for permission to change the use of the instant building to the former viewing.
E. On May 7, 2019, upon receipt of a report of change of the use of a building, the change was changed to a Class II neighborhood living facility (general restaurant) with respect to subparagraph E among the instant building on May 8, 2019.
【Ground for recognition” has no dispute, Gap's 1 to 4, and Eul's 5.