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. Facts of recognition;

A. On around 2006, Busan Metropolitan City Dong-gu established an implementation plan for an urban planning facility project to build a road in Busan Dong-gu C (hereinafter “instant land”), but changed the project to exclude the instant land from the land subject to incorporation due to the lack of the project cost due to excessive compensation for losses as a result of appraisal and assessment. On around 2009, an urban planning facility project to build a road on ten lots, such as Busan Dong-gu D, excluding the instant land, was implemented, and again, an urban planning facility project was implemented to build a road on the instant land and its daily site at around 2012.

B. On December 31, 1996, the Plaintiff leased the instant land and part of the first floor among the above buildings (hereinafter “the instant store”) from L, the owner of the instant building, and operated the entertainment room under one’s own name from January 1, 1997 to August 24, 2004, and upon the Plaintiff’s delay in several times, H, who succeeded to the instant land and the instant store from the said L, demanded the Plaintiff to return the instant store. However, the Plaintiff requested that the Plaintiff continue to use the instant store without compensation.

Since then, from around 2008, the Plaintiff registered its business in the name of wife F and operated a restaurant or sub-lease it to another person at the said store. On July 14, 201, the Defendant’s mother and G entered into a sub-lease contract (hereinafter “sub-lease contract in this case”) with respect to the instant store by setting the deposit amount of KRW 8 million, monthly rent of KRW 2 million, and the period from the above contract date to July 14, 2012.

Compensation due to an urban planning facility project shall be paid at the time the above sub-lease contract is concluded.