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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. The reasons why the court of this case cited in the judgment of the court of first instance are stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the Plaintiff’s assertion as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the
[Supplementary Decision] The plaintiff asserts that the fact-finding and the decision of the first instance court that the plaintiff agreed to deduct KRW 15,00,000 from the lease deposit to be refunded by the defendant in return for the reason that the plaintiff did not need the consent of the lessor from the beginning of the transfer of the right to lease of this case to a third party in light of the special terms of the lease of this case.
On the other hand, Article 3 provides that "the lessee shall not change the use, structure, etc. of the above real estate without the consent of the lessor, sub-lease, transfer, or offer security without the sub-lease," and Paragraph 3 of the special agreement provides that "the lessee shall not demand the lessor any premium, and the lessor shall not be able to apply the same conditions of the lease as the lessee when the lease is transferred or taken over by the new lessee, and no objection shall be raised." At the end of the contents of the special agreement, "the lessee shall not raise any objection against the transfer of the right of lease," and it is apparent that the lessor cannot raise an objection against the application of the same conditions of the lease as that of the previous lessee to the new lessee who has acquired the right of lease without the consent of the lessor, and there is no evidence to acknowledge the existence of any special agreement otherwise asserted by the plaintiff."
2. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.