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1. It is against the judgment of the first instance, including the primary claim modified or added at the trial and the additional preliminary claim.
Reasons
1. Facts of recognition;
A. The Plaintiff owns N,O and joint ownership (Plaintiff: 1/2 shares, N,O shares, 1/4 shares, respectively) of 342.8 square meters (hereinafter “instant land”) in Daegu Suwon-gu MU-gu MU., and solely owns buildings listed in the separate sheet on the ground of the instant land.
B. On September 22, 2008, the Plaintiff and Defendant C on September 2, 2008, “Feongsung-gu M 125.4 square meters (38 square meters) of the coponine of 125.4 square meters (38 square meters) on the ground” [the building indicated in the attached Form list, one-class neighborhood living facilities (general restaurants) of the first-class 1st floor of the light steel frame, sand position panel, roof, etc. (hereinafter “previous building”).
(C) In the event that a lessee transfers a right of lease or makes another person use a sub-lease or a sub-lease of a leased object without the lessor’s consent, the lease contract is immediately terminated (Article 5 of the lease contract). The lease contract is concluded on the following grounds: (a) the lease contract is concluded: (b) the lease deposit is KRW 10,000,000; (c) the rent is KRW 50,000,000 ( annually 6,000,000); and (d) the lease is concluded: (a) the lessee, without the lessor’s consent; and (b) the lessee, without notifying the lessor of the termination thereof.
(hereinafter “instant lease agreement”). C.
Defendant C entered into a franchise agreement with P on September 19, 200 to operate a coffee shop in the leased object. From October 6, 2008 to November 6, 2008, Defendant C, with the amount of KRW 100,000,00 of the construction cost, removed all the parts of the previous building, other than the rear door, its surrounding walls, septic tanks, and urban gas facilities, and connect each point of the (b) section of the first floor, which is located in the sequence of 4,5,6,7,7,8,9,9, and 4, which are attached Table 4,5,6,7,000,000,000 won, from October 6, 2008, to November 6, 2008, and constructed the building site of this case, and each part of which is located, with the indication of neighboring land 1,2,34,46,75,75,75,7, and4 of the attached Table 8.