1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

The reasons for this court's acceptance of the judgment of the court of first instance are as follows, except for adding "2. Additional Judgment" to the allegations added by the defendant in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On April 1, 2017, the defendant asserted by the party to the additional determination, in relation to the instant commercial building, paid KRW 3 million as the construction cost for the table table, tent, and lighting facility. Among this, KRW 800,000 of the total construction cost is a necessary expense, and the defendant's duty to deliver the instant commercial building and the plaintiff's duty to pay KRW 80,000,000,000,000,000,00

Plaintiff’s assertion

In paying the above expenses, the defendant did not obtain the consent of the plaintiff or notify the plaintiff, and the defendant paid the above expenses for his own business at his own discretion, so it cannot be recognized.

Judgment

It is not sufficient to acknowledge the fact that the defendant paid KRW 800,000 as the required expense by the statement of No. 1, 100,000,000 as the defendant's assertion is without merit.

[Additional, according to the statement in Gap evidence No. 1, Article 5 (1) of the lease contract of this case is recognized that "if the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor." Thus, it is highly probable that the defendant renounced his/her right to demand reimbursement of various necessary or beneficial expenses incurred in relation to the real estate of this case in advance (see, e.g., Supreme Court Decision 2012Da3609, Mar. 29, 2012). Thus, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed