1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On January 19, 2015, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on the first, third, and six underground floors (70 million won for lease deposit (i.e., contract deposit: KRW 70 million for intermediate payment, KRW 50 million for intermediate payment, KRW 130 million for remainder), and KRW 35 million for the rent month (excluding value-added tax).

The part relating to the instant lease agreement concerning the instant case is as follows.

The lessor of Article 2, in the form of a loan for rent, delivers the above real estate to the lessee by March 31, 2015 in a condition that it can use it for the purpose of the lease, and the term of lease shall be 60 months from the delivery date until March 30, 2020.

Article 5 Where a lease contract is terminated, the lessee shall return the facility for the interior interior of the hospital built by the lessor to the lessor.

(3) The lease period shall be five years from the date of commencement of the hospital after completion.

[Matters of Special Agreement]

1. The intermediate payment shall be paid within 20 days after the completion of a building;

2. The remainder, rent, and sirens expenses referred to in paragraph (5) shall be paid after the test is completed;

9. The lessor shall complete the completion of construction work by September 5, 2015, as the interior of the separate table.

The Defendant paid to the Plaintiff KRW 570 million in total the down payment and intermediate payment under the instant lease agreement. However, on December 4, 2015, the instant lease agreement was rendered a provisional injunction against disposal of real estate as to the instant building by the Gwangju District Court 2015Kahap756, as to December 4, 2015, as the Plaintiff’s interior duty under the instant lease agreement was delayed due to the delay in performing the construction completion.

Accordingly, on January 4, 2016, the Plaintiff filed an objection against the Defendant for provisional disposition (Seoul District Court 2016Kahap1). On February 16, 2016, the Defendant filed a lawsuit against the Plaintiff seeking performance of the registration of the establishment of chonsegwon under the instant lease agreement.