1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Nos. 601, 602, and 603 of the 6th floor D-Ground Building (hereinafter “instant building”) in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”) were registered under G’s name, and Nos. 605, and 606 were registered under the name of the Defendant, respectively, in the name of Taesung Development Co., Ltd. (hereinafter “Matern Development”). However, on September 4, 2015, the Plaintiff leased the instant building Nos. 601 through 605 (total area of 461.08 square meters) from the Defendant, G, and Taesung Development.

(hereinafter “instant lease contract”). If a lessor or lessee fails to perform any of the terms and conditions of this contract under Article 7 (Non-performance of Obligations and Compensation) of the Deposit KRW 40,000,000, monthly rent KRW 4,600,000, the other party may rescind the contract by peremptory notice in writing to the person who has failed to perform the obligation.

In such cases, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be deemed to be the basis for compensation for damage, unless otherwise agreed

Matters of special agreement

5. A lessor shall pay expenses incurred in the alteration of the purpose of use of floor construction works and Class I amusement facilities after the removal of the wall by a lessor, and other expenses for facilities and taxes and public charges (property tax, etc.) additionally incurred due to the alteration of Class I amusement facilities shall be paid by a lessee;

6. A lessor of heading 601 to 605 is required to attach separate documents, and a lessor of heading 605 (B) will enter into a contract on behalf of the lessor.

B. Each subparagraph of the sixth floor of the instant building was a private teaching institute or office. However, since the instant lease agreement, the alteration of the purpose of use was permitted for entertainment taverns as prescribed under subparagraphs 603, 604, and 605, and subparagraphs 601, and 602 were changed to the indication of the building ledger.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 7 (including paper numbers), fact-finding results of fact-finding with the city of the voice group of the party, the purport of the whole pleadings

2. The plaintiff's assertion.