1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On September 12, 2016, the Plaintiff, who is engaged in the sales business of the imported category, paid the down payment of KRW 10 million (including KRW 5 million paid as the provisional contract deposit) to the Defendant, who is the owner of the 130.78 square meters of the 1st floor among the buildings located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant store”), and paid the remainder deposit of KRW 90 million by October 12, 2016, with the term of lease fixed from November 11, 2016 to November 10, 2018 (hereinafter “instant lease”).

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

[Matters of special agreement] - The interior work may begin after deposit of the remainder of KRW 90 million on October 12, 2016.

- The outside interior interior interior interior of a building shall be capable of interior works under the restoration of the signboard and its exterior, and shall be determined after the owner of the building and its location.

The main contents of the instant lease agreement are as follows.

A construction business operator D, who was requested by the Plaintiff, tried to perform artificial insemination works by means of exposed concrete, which treats the existing seats outside the building with metal, and treats them as concrete-shoting materials, but did not express a clear intention of consent to the construction by using exposed concrete method, such as the Defendant’s expression that it is not in mind or the appearance of neighboring buildings is in mind, and that such method is in mind. A construction business operator D, who started artificial insemination works on October 12, 2016, renounced artificial insemination works around October 19, 2016.

Accordingly, on October 21, 2016, the Defendant is the Plaintiff’s side through the staff of the real estate brokerage office that arranged the instant lease agreement.