1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

1. Basic facts

A. On December 18, 2013, the Plaintiff leased a building from C (hereinafter “C”) to use 387.05 square meters of 387.05 square meters of the underground 1 and 2 floors of the “E hotel” building located in Jung-gu Seoul, Jung-gu, Seoul for business purposes (hereinafter “the part on the leased building”). Around that time, the Plaintiff was handed over the said building portion.

B. At the time of the conclusion of the above lease agreement, the Plaintiff asked G, a manager of the Gu, whether he/she is additionally able to use the portion B of the attached Form No. 36.06 square meters and the total sum of 64.84 square meters and 64.90 square meters and 27.90 square meters and 27.94 square meters and 2, which are not included in the above lease agreement (hereinafter “the instant building section”). However, G explicitly rejected

C. Nevertheless, the Plaintiff extended the instant building portion without permission, and completed the internal facilities for beauty art room business differently from its original purpose, and used it as beauty art room from March 2014 to May 2015.

After all, C, the owner of the above building, was notified by the head of the Gu of the “pre-announcement of voluntary correction of unauthorized Building and the imposition of enforcement fines,” and the Plaintiff voluntarily paid KRW 14,698,000 for enforcement fines imposed on C on June 9, 2015 (the amount imposed on the size of 46.56 square meters among the whole hotel buildings, including the above B) to Jung-gu Office, and removed the part B of the above building and 27.84 square meters.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 Nos. 2 and 4 through 7, F of the first instance court witness G, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the assertion is that the Plaintiff without permission extended the building portion of the instant case and proceeded with the interior facilities for beauty room business from February 2014, the Defendant used the building portion of the instant case to the Plaintiff who wishes to use the building portion while the Plaintiff was proceeding with permission for large-scale repair and alteration of use for part of the E hotel building from February 2014.