1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

1. Basic facts

A. On August 5, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease each real estate listed in the separate sheet (hereinafter “instant land and building”) to the Defendant by setting the deposit amount of KRW 30,000,000 and the contract period from October 3, 201 to October 3, 2016 (hereinafter “instant lease agreement”), and around that time, delivered the instant land and building to the Defendant.

B. The instant lease agreement states that “In the event of a lessor or lessee’s default on obligations under this contract, the other party may demand in writing the lessor or lessee to perform the contract, and rescind the contract.” The content of the instant lease agreement states that “In the event of a lessor or lessee’s default on obligations under this contract, the other party may demand in writing the lessor to perform the contract, and the lessee may rescind the contract.”

C. During the above lease period, the Defendant cut 7 gyms and 2 gyms of bamboo trees that were planted on the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the result of the verification by the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff 1’s primary claim, as a lessee of the instant lease agreement, had a duty to preserve the leased object with the care of a good manager until the leased object is returned. In violation of such duty, the Defendant damaged the trees on the instant land, such as 11g, 1g, 3g, 1g, 3g, 3g, 3g, 7g, 1g, 1g, and 1g, 00.

Therefore, since the Plaintiff terminated the instant lease contract by serving the written complaint in accordance with Article 7 of the instant lease contract, the Defendant has the land and buildings of this case on the Plaintiff.