1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Facts of recognition;

A. The Plaintiff is the owner of the nine-story building on the D ground in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”).

B. The plaintiff is attached to the second floor of the defendant and the building of this case.

2. On August 28, 2013, a commercial lease agreement was concluded with respect to the portion (B) in the ship, which connects each point of which is 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 120.1 square meters of the same map and each point of which is 1,12, 13, 14, 15, 12, 12, and 31.76 square meters of the same map in sequence, with respect to the portion (B) in the ship (hereinafter “instant store”).

Lease deposit: 90,000,000 for rent: 3,000,000 for the lessor shall deliver the above real estate to the lessee by July 15, 2013, and the lease period shall be 24 months from the date of delivery until July 14, 2015.

A lessor does not recognize any facility costs and premiums.

Notwithstanding the contract term, it shall guarantee five years of business rights.

The rent shall not exceed 10% when the contract is renewed after the expiration of the contract.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 6 evidence, Eul's 1 (including all virtual numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Defendant delayed the rent on December 2014 and May 2015, and the Plaintiff notified the Plaintiff of his intention to terminate the instant lease based thereon, and the instant lease agreement was terminated. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff. Accordingly, Article 624 of the Civil Act provides that “When the lessor performs an act necessary for the preservation of the leased object, the lessee shall not refuse it.”

Pursuant to the above provisions, the defendant bears the duty to cite and cooperate with the plaintiff's act necessary for the preservation of the building of this case, that is, the defendant's act of inspecting water meters installed in the leased store.

However, since the defendant interfered with this, Article 624 of the Civil Code was violated.

Therefore, the Plaintiff’s termination of the instant lease agreement based on this.