A. On August 31, 2012, the Plaintiff entered into a lease agreement (hereinafter referred to as “first lease agreement”) with Nonparty D with respect to the size of 65 square meters on the part of the store (a) part of the attached Form No. 1, 2, 3, 4, and 1 attached hereto, which connected each point in the order of indication of drawings among the buildings on the land (a) in Nam-gu, Nam-gu, Seoul, as well as the lease deposit for KRW 10,000,000, monthly rent of KRW 1,000,000, and the lease term from September 1, 2012 to August 31, 2014.

B. While engaging in the business upon delivery of the instant building, the said D discontinued the business around December 2012, and introduced the Defendant to the Plaintiff as a new lessee. On December 31, 2012, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “second lease agreement”) with respect to the instant building under the same terms and conditions as the first lease agreement (hereinafter “second lease agreement”) with respect to the instant building on December 31, 2012, the said agreement was additionally entered as “a contract succeeding to the former lessee’s lease agreement.”

C. On May 21, 2014, the Defendant sent a content-certified mail demanding the Plaintiff to renew the lease agreement on the instant building, and around that time, served the Plaintiff with the content-certified mail. The Plaintiff constitutes a case where the restoration of possession is necessary to remove or reconstruct most of the instant building, and thus, the Plaintiff sent a content-certified mail stating the Defendant’s response to refusing the Defendant’s request for renewal of the contract was sent on June 5, 2014, and around that time, the content-certified mail was served to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 6, Eul evidence 1-1, Eul witness E's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. Although the expiration date of the second lease contract is indicated as August 31, 2014 by the Defendant at the time of the conclusion of the second lease contract with the Plaintiff, the expiration date of the lease contract prepared by the Plaintiff is indicated as August 31, 2014, the Defendant’s effective lease period on December 31, 2014, which is two years from the date of the conclusion of the second lease contract with the Defendant