1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On April 3, 1995, G entered into a lease agreement with the Defendant to lease the instant land at a fixed rate of KRW 3 million, KRW 200,000 per month, and KRW 60,000 per month for lease period (hereinafter “instant lease agreement”).

On the other hand, Paragraph (2) of the instant lease agreement provides that "exclusive charges shall be deleted in writing on a monthly basis," and Paragraph (3) of the said special agreement provides that "50% of the amount at the time when a lessee acquires a building at the time of the construction of the building shall be paid as acquisition money at the time of the construction (2.50,000 won per day)."

B. The Defendant newly constructed each of the instant buildings on the ground of the instant land during the period of the instant lease agreement.

C. G died on or around September 18, 2009, and the Plaintiffs completed the registration of ownership transfer as to each of the instant lands on or around October 12, 2009 on the grounds of inheritance by consultation and division, and thereafter the Plaintiffs and the Defendant continued to renew the instant lease agreement.

On May 16, 2018, the Plaintiffs submitted to the first instance court a complaint stating that the instant lease agreement will be terminated on the grounds that the Defendant was in arrears with the seventh period (from November 2017 to May 2018) regarding the instant lease agreement, and the said warden was served on the Defendant on May 30, 2018.

[Grounds for Recognition] Unsatisfy, each entry in the evidence of subparagraphs 1 through 4 (including branch numbers in the case of additional number), significant facts in this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In the case of land lease for the purpose of owning the cited part of a building or other structure, if the deferred amount of rent for the lessee reaches the amount of rent for two years, the lessor may terminate the contract (Article 641 of the Civil Act). The fact that the Defendant delayed to pay for the rent of seven years for the instant lease agreement does not conflict between the parties (see, e.g., Supreme Court Decision 201Da1558, Jun. 18, 2018). The instant lease agreement is concluded.