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 April 5, 2010, the Plaintiff entered into a lease agreement with the Defendant with regard to the part of the first floor (hereinafter “instant store”) among the part of the land neighborhood living facilities (which was newly constructed on April 23, 1985; hereinafter “instant building”) owned by the Defendant, which is KRW 50 million, monthly rent of KRW 2.2 million, and the term of lease from April 20, 2010 to April 29, 2012 (hereinafter “instant lease agreement”).

Meanwhile, the Plaintiff paid KRW 30 million to the former lessee as premium, and operated the restaurant in the name of “D” at the instant store from around that time.

B. On September 15, 201, the Defendant entered into a construction contract on the repair works of outer walls and the third floor remodeling works of the instant building by stipulating the construction cost of KRW 120 million and the construction period as until December 30, 201 with F managing E, and the F, from September 201 to January 2012, 201, replaced the outer wall of the instant building with the outside wall repair works of the instant building and the third floor repair works of the instant building with the outside wall of the instant building by changing the three floors used as a studio of eight households (hereinafter “instant construction works”).

C. Meanwhile, with respect to the instant construction project, the Defendant was entitled to reduction of KRW 1.1 million, out of the Plaintiff’s monthly rent on October 201, and the Plaintiff continued to operate a restaurant after renewal of the instant lease agreement with the Defendant on February 15, 2012, and the Plaintiff received KRW 40 million from a new lessee who operates the high flagpole house after the instant construction and delivered the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 9, Eul evidence Nos. 10 and 11 (including paper numbers; hereinafter the same shall apply), Gap's testimony and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Defendant asserted that the construction period of the Plaintiff is only two weeks, and only four to five months after deceiving the Plaintiff.