1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion is a lessor of the real estate indicated in the separate sheet (hereinafter “instant real estate”). As the Defendant, the lessee of the instant real estate, delayed payment on September 2013, October 10, July 2014, and August 201 and delayed payment on at least three (3) occasions, the lease agreement with the Defendant is terminated.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay KRW 30 million at the cost of reinstatement.

2. The lessor may terminate the lease contract when the annual rent of the lessee reaches the three-dimensional rent (Article 10-8 of the Commercial Building Lease Protection Act). Even if following the Plaintiff’s assertion, the Defendant’s delayed payment is merely a four-day rent, and thus, the Defendant’s delayed payment does not reach the three-year rent. Thus, the Plaintiff cannot terminate the lease contract with the Defendant on the ground of the annual rent.

Therefore, the plaintiff's assertion does not need to be examined further.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.