2. The costs of the lawsuit are assessed against the defendant.

3...

A. On February 20, 2008, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that each of the buildings listed in the separate sheet (hereinafter “instant building”) was leased to the Defendant as the lease deposit amount of KRW 10 million, monthly rent of KRW 1430,000 (including value-added tax) (hereinafter “instant lease agreement”).

B. From March 2012 to February 2015, the Defendant did not pay the monthly rent for ten-month from March 2012 and did not pay the monthly rent thereafter.

C. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delay in rent as a service of the duplicate of the instant complaint. The duplicate of the instant complaint was served on May 13, 2015 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, the purport of the whole pleadings.

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on the grounds of two or more rents, as a result of the Defendant’s two or more rents.

Therefore, the defendant is obligated to order the plaintiff to clarify the building of this case.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that since construction of floor and electrical construction and roof repair works on the instant building spent 7 million won as necessary and beneficial expenses, it cannot accept the Plaintiff’s claim before receiving such payment. However, there is no evidence to acknowledge that the Defendant paid necessary and beneficial expenses as claimed, the above assertion is without merit.

3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.