1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2 (including the serial number; hereinafter the same shall apply) without dispute between the parties or in full view of the following facts:

On August 5, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease each real estate listed in the list (hereinafter “instant land and building”) to the Defendant with a deposit of KRW 30,000,000, and the contract term from October 3, 201 to October 3, 2016 (hereinafter “instant lease agreement”). At that time, the Plaintiff transferred 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 lease agreement states that “The lease land and all fruit trees on the land shall be harvested by the lessee,” and that “The lessee shall grow up and grow up.”

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant, as a lessee of the instant lease agreement, violated the duty to preserve the leased object with the care of a good manager until the leased object is returned, thereby damaging facilities on the ground of the instant land, such as 11g, 1g, 3g, 1g, 3g, 5g, 3g, 6g, 6g, 1g, 1g, and 1g, 00,000, which were planted on the instant land.

Accordingly, the Plaintiff’s termination of the instant lease contract by serving the written complaint in accordance with Article 7 of the instant lease agreement, but it is reasonable to deem that such termination is a “cancellation” in view of the nature of the continuous lease agreement.

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