1. The plaintiff's claim is dismissed.

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

갑 1 내지 4호증(각 가지번호 포함)의 각 기재에 변론 전체의 취지를 종합하면, 원고는 2013. 7. 23. C으로부터 별지 목록 기재 부동산(이하 ‘이 사건 부동산’이라 한다)을 임대차보증금 30,000,000원, 임대차기간 2013. 7. 31.부터 2016. 7. 30.까지, 차임 월 2,000,000원에 임차하여 현재 D 상호로 닭숯불구이 전문점을 운영하고 있는 사실, 피고는 이 법원 E 부동산 임의경매사건에서 2014. 9. 24. 매각대금을 완불하여 이 사건 부동산의 소유권을 취득하고, 원고에 대하여 이 법원 2014. 9. 30.자 F로 부동산인도명령을 받은 사실을 인정할 수 있다.

As the Plaintiff increased the value by expanding and remodelling the instant real estate in total of KRW 193,641,663, the Plaintiff has the right to claim reimbursement of beneficial non-performance equivalent to the above amount against C. The Plaintiff sought confirmation of lien based on the right to claim reimbursement of beneficial non-performance equivalent to the above amount and prohibition of interference with possession against the Defendant, who is the successful bidder of the instant real estate.

On the other hand, it is reasonable to view that a special agreement is made to the effect that the lessee gives up in advance the right to demand reimbursement of all kinds of beneficial expenses incurred on the leased object in case of a lease agreement that "the lessee may be reconstructed or altered with the approval of the lessor, but shall be restored to its original state at the expense of the lessee prior

(Supreme Court Decision 95Da12927 delivered on June 30, 1995). In full view of the purport of the entire pleadings in this case, according to the lease agreement made between the Plaintiff and C, the lessee shall restore the real estate to its original state and return it to the lessor in the event the contract is terminated. Such agreement is a special agreement that the lessee has waived the right to claim reimbursement of beneficial costs.

As such, the Plaintiff made a special agreement to waive the right to reimbursement of beneficial costs in advance.