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 of the lower court’s acceptance of the judgment of the first instance is as follows: (a) the Defendant cited “22,00,000 won” of the 2nd judgment of the first instance as “2,200,000 won” of the 17th judgment; and (b) the Defendant added this court’s additional argument.

2. Except for adding additional judgments, the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance.

2. The defendant asserts to the effect that he has the right to possess the bath of this case until he receives reimbursement of the necessary or useful expenses, since he spent approximately KRW 39,805,00 in total with the repair expenses for the electricity, boiler, water supply, etc. of the bath of this case.

If the lessee of a building has terminated the lease relationship, it is a special agreement that the lessee has agreed to restore the building to its original state and order the lessor to give up the right to demand reimbursement of various beneficial or necessary expenses incurred in the building.

(See Supreme Court Decision 95Da12927 delivered on June 30, 1995, etc.). The expenses for which the defendant claimed to have spent are all necessary or beneficial expenses. According to the statement No. 4-1 of the evidence No. 4, if the first lease contract of this case is terminated, it is recognized that the defendant agreed to restore the bath bath of this case to its original state and deliver it to the plaintiff. Thus, it is reasonable to view that the defendant renounced the right to demand the reimbursement of each of the above expenses in advance.

Therefore, the above argument is not accepted.

3. As such, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.