1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 30, 2012, the Plaintiff leased the entire five stories (hereinafter “instant real estate”) from among the six-story neighborhood living facilities and detached houses located in Yongsan-gu Seoul Metropolitan Government, which are owned by the Defendant, from the Defendant, to September 9, 2014, with the lease deposit of KRW 30,000,000, monthly rent of KRW 2,200,000 (payment on September 30, 201), and the lease term of KRW 30,200,000, from September 10, 2012 to September 9, 2014.

B. On September 23, 2014, the Plaintiff and the Defendant drafted a new lease agreement upon renewal of the said lease agreement. Accordingly, the renewed lease agreement period is three years from September 10, 2014 to September 9, 2017, and the lease deposit and monthly rent are maintained as they are.

On the other hand, the above lease agreement contains a special agreement clause that "if it is required to leave prior to the expiration date of the contract due to unavoidable circumstances, six months prior to the expiration date of the contract, it shall be notified in advance and the main period of time shall be determined" (hereinafter "the special agreement clause").

(The above renewed lease agreement is referred to as the "instant lease agreement").

The Plaintiff removed from the instant real estate on May 2016, and thereafter did not use and benefit from the instant real estate, and paid to the Defendant up to June 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is a reservation clause of the right to terminate the lease agreement of this case, which stipulates that the termination will take effect after the lapse of six months from the date on which the Plaintiff declared the intention of termination. Thus, the Plaintiff may notify at any time the termination of the lease

(Article 636 of the Civil Act). Since the Plaintiff notified the Defendant of the termination of the instant lease agreement on December 16, 2015, the instant lease agreement became effective on June 15, 2016 when six months have elapsed since the said agreement was concluded, and there was no unpaid rent until that time.

Therefore, the defendant raises objection to the plaintiff.