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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 31, 2005, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on a size of 740 square meters for one-story neighborhood living facilities underground (hereinafter “instant real estate”) from June 1, 2005 to May 31, 2015, regarding the lease deposit amount of KRW 200 million, monthly rent of KRW 3,750,000 (hereinafter “instant lease agreement”) among the buildings of 10 stories, Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City, which are owned by the Defendant, and paid the Defendant KRW 200,000,000,000 to the Defendant. The main contents of the said lease agreement are as follows:
Article 3(5) Where the contract is terminated due to the expiration or termination of the lease term or the mid-term termination of the contract, the lessee shall restore the leased building to its original state, order the lessor to restore it to its original state, and the lessor shall return the lease deposit to the lessee pursuant to Article 6(1). Upon the expiration of the contract, the lessee shall remove the leased property and property before the expiration of the contract, and the lessor shall return the property owned by the lessor to the lessor and order the whole leased property to the lessor.
3) The facilities attached by the lessee, partitions, and other structural modifications must be removed at the lessee’s expense and restored to the original state at the time of the conclusion of this contract. Article 24 (Matters of Special Agreement)(1) The lessee does not install the interior and facilities installed for operating at the lessee’s own expense and does not have any defects in leasing them for any purpose to a third party in principle.
B. The instant lease agreement was terminated on May 31, 2015 due to the expiration of the lease term.
C. On June 5, 2015, the Plaintiff’s key to the instant real estate to D, a custodian of the instant real estate, following the process of removing the instant real estate.