1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On May 2, 2011, the Plaintiff leased the lease deposit amount of KRW 80,000,000,000, monthly rent of KRW 2,000,000 from the Defendant on the first floor of 102 square meters on the ground of Kimcheon-si, Kimcheon-si (hereinafter “instant first floor”) from the Defendant, and renewed the lease contract until May 2, 2017.

B. The Plaintiff leased and used the instant 1st floor, and removed stairs connected to the 2nd floor with the Defendant’s consent, and installed a construction to prevent a tent, thereby expanding the store size by about 10 square meters, and enhancing the lease value as a commercial building.

C. Therefore, the Defendant asserts that the Plaintiff is obligated to pay the Plaintiff the sum of the beneficial cost of KRW 32,500,000 (the cost of removing stairs KRW 10,000,000, the cost of expanding the store size of KRW 15,00,000, and the cost of KRW 7,500,000, as part of the lease gains additionally obtained by the Defendant) and the delay damages therefor.

2. As to the Defendant’s assertion, the Defendant waived the right to claim reimbursement of beneficial costs at the time of entering into a lease agreement, and the limitation period of six months was exceeded, and the cost of removal of stairs claimed by the Plaintiff cannot be considered as the cost increased the objective value of the leased object. Even if the Plaintiff has the right to claim reimbursement of beneficial costs, the stairs were removed and the rent of the second floor building cannot be leased. Accordingly, the Defendant asserted that the damage claim KRW 32,400,000 is offset by the automatic claim.

3. In light of the determination, although the lessee may reconstruct or alter the leased object with the approval of the lessor, if the lessee agreed to restore the leased object to its original state with the burden of all expenses incurred by the lessee when returning it to the lessor, it is reasonable to deem that the lessee was a special agreement to waive in advance the right to demand reimbursement of all kinds of beneficial expenses incurred to the leased object. According to the evidence evidence No. 2, the Plaintiff’s restoration of the first floor building to its original state and return it to the Defendant when the lease contract is terminated (Article 5).