1. Of the judgment of the first instance court, the part against the Plaintiff, which orders additional implementation under paragraph 2 below.

Basic Facts

A. On August 10, 2009, the Defendant entered into a business concession agreement with H-Gun and to operate the Han-only restaurant, etc. after constructing H-gun and G, and thereafter operates “G” (hereinafter “instant restaurant”) from the 4th floor above the F-based F of Young-gu, Chungcheongnam-gu.

On April 20, 2015, the Defendant entered into a contract with the Plaintiff (the trade name before the change is referred to as “D Co., Ltd.”) to entrust part of the instant restaurant (hereinafter referred to as “instant operation entrustment contract”).

B. On January 10, 2016, the Plaintiff purchased 592.1 square meters (hereinafter “instant land”) from, and completed the registration of transfer of ownership on February 26, 2016, the Plaintiff purchased each of the instant cafeteria-gu, Young-gu, Young-gu, Seoul (hereinafter “instant land”) and 592.1 square meters (hereinafter “instant adjoining land”).

C. On February 1, 2016, the Plaintiff leased the instant adjacent land to the Defendant for the use of the parking lot in the instant restaurant, and concluded a lease agreement with the content that the rent shall be KRW 5 million per month (excluding value-added tax) and the overdue interest rate on rent shall be 20% per annum (hereinafter “instant lease agreement”).

According to Article 13(2) of the instant lease agreement, the Plaintiff may terminate the instant lease agreement if the Defendant was in arrears for at least two months.

Meanwhile, on the ground of the instant land, the Defendant established a container structure warehouse and parking lot management room as stated in Paragraph (1) of this Article (hereinafter “instant container”) and used not only the instant neighboring land but also the instant land as a parking lot for the instant restaurant.

E. The location and shape of the instant land, etc. are permanently arranged in the order of the instant restaurant site, the instant land, and the adjoining land, along the north from the south, to the north, and are adjoining to the two-lane road and the instant land by the left part, respectively. The instant land and the instant land are adjoining to the two-lane road by the left part.