1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the use of the judgment of the court of first instance as to the instant case is that “The statement of No. 1” in No. 15, No. 15, No. 4 of the judgment of the court of first instance shall be pronounced as “each statement of No. 18,” and the part of “the fact of the agreement” in No. 15, No. 15, No. 9 shall be deemed as “the fact of the agreement” (Article 8 of the lease agreement) and, in any case where the lease contract is terminated, no claim for compensation for facility costs is made (Article 11 of the lease agreement). The Plaintiff and the Defendant shall be deemed as “a settlement prior to the filing of the lawsuit (Seoul District Court 2015, No. 1011),” and the reasoning of the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to adding the following judgment with respect to the contents asserted by the Defendant in the trial of the court of first instance.

[Additional Determination Matters] The defendant asserts to the effect that "the agreement drawn up on November 13, 2015 in relation to the operation of the instant parking lot violates the principle of good faith and the prohibition of abuse of rights, and the agreement unfavorable to the defendant who is the lessee is not effective pursuant to Articles 652 and 646 of the Civil Act."

However, even according to the circumstances and contents of the above agreement, since the above agreement provides regular work of parking managers and the entrance and exit management by parking managers in order to prevent accidents in the course of operating mechanical parking lots, such agreement violates the principles of good faith and the prohibition of abuse of rights, or violates the provisions of Articles 652, 652, 62, 627, 628, 631, 635, 638, 640, 641, and 643 through 647 of the Civil Act, and thus, it is not effective to the lessee or sub-lessee, which is disadvantageous to the lessee or sub-lessee;

Article 646 (Lessee's Right to Demand Purchase of Accessories) (1) The lessee of a building or any other structure shall be entitled to benefit from use thereof.