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1. Of the judgment of the court of first instance, the part against the Defendants in the judgment is modified as follows.
The Defendants shall list the Plaintiff as Attachment 2.
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged based on Gap evidence Nos. 1 through 4, evidence No. 5-1, 2, 3, Gap evidence No. 6, evidence No. 7-1, 2, 3, Eul evidence No. 1 and 5, and the whole purport of the pleadings as a whole.
On September 1986, the Plaintiff obtained permission from the Han River Business Headquarters for occupation and use of seven flood lines of Han River (the diving River from the Jail River) from the Han River Business Headquarters, and installed the excursion ship wharf listed in the attached Table 2 (the “the excursion ship wharf of this case”) in the 1990s, which is a non-powered sea-driven facility located on the water surface.
B. On December 31, 2009, the Plaintiff concluded a lease contract with the instant excursion ship wharf (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 2 billion, monthly rent of KRW 700,000 for the first three years, from February 1, 2010 to December 31, 2016 (hereinafter “instant lease contract”). On January 28, 2010, the Plaintiff received KRW 2 billion out of the lease deposit of KRW 2 billion.
C. The non-party company decided to remodel the aged excursion ship wharf of this case as a whole to use it for crowdfunding, and ordered the Defendants to remove aging facilities of the excursion ship wharf of this case from April 2010 to August 2010, to remove facilities of the excursion ship wharf of this case, replace facilities inside and outside, or replace the facilities of the excursion ship wharf of this case.
Since the non-party company did not pay the remainder of the lease deposit, the plaintiff notified the non-party company of the termination of the lease contract of this case on September 17, 2010.
E. On October 8, 2010, the Plaintiff filed a lawsuit against Nonparty Company seeking the delivery of the instant excursion ship wharf with the Seoul Eastern District Court (2010dan61381) and received a judgment accepting the claim on April 26, 2011.
Although the non-party company filed an appeal against the above judgment, the appeal is filed on August 17, 201.