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1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff, which ordered performance, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the instant real estate, and D, the Defendant’s representative, operates a lodging establishment with the trade name “G2 points” in the instant building.
The instant building was a hanok, but it was unregistered building that had not been permitted to construct.
B. As to the instant building, several lease agreements were made between the Plaintiff, the Defendant, and D, the representative of the Defendant, as follows:
1) The lease contract dated May 1, 2013 (hereinafter “No. 1 contract”).
- The Defendant - the lessee: The real estate in this case - the term of the contract: from May 30, 2013 to May 30, 2017 - the deposit of KRW 30,000,000, monthly rent of KRW 1,000,000: Special agreement:
1. The contract term shall be four years, and it shall be extended at the time of absence of any problem;
2. To pay the building repair expenses at the request of the lessor when the contract is terminated with the lessee for a period of four years during the contract period;
3. In principle, the original form of the instant building shall be preserved.
2) The lease contract dated May 10, 2013 (hereinafter “No. 2 contract”).
- Lessee - The Defendant - the lessee: The term of the instant building: From May 30, 2013 to May 30, 2017 - the deposit of KRW 30,000,000; the monthly rent of KRW 1,00,000,00: the special agreement:
1. The contract term shall be four years, and it shall be extended at the time of absence of any problem;
2. To pay the building repair expenses at the request of the lessor when the contract is terminated with the lessee for a period of four years during the contract period;
- A fixed date: A lease contract dated May 10, 2013 (hereinafter referred to as "third contract") dated 2013 (hereinafter referred to as "third contract")
- Leaser: D and E - Lease subject matter: the instant building and the H-ground building of the Y of the YU-gu Seoul Special Metropolitan City (hereinafter referred to as “H building”).
- Contract term: - From May 30, 2013 to May 30, 2017 - Deposit 30,000,000, monthly rent 1,000,000 - Special contract terms:
1. A contract shall be extended continuously in the absence of special reasons for cancellation of the contract, because the contract term was “large repair” regardless of the duration of the contract.
2. A lawsuit instituted by a lessor against a lessee without any special reason;