A. On March 2, 2015, the Plaintiff leased, to the Defendant, approximately KRW 52,00,000,000,000,000,000 from March 2, 2015, to the end of March 2, 2015, the lease deposit for lease deposit, KRW 7.5 million, monthly rent, and the lease period from March 2, 2015 to March 1, 2017, the real estate listed in the separate sheet (a current status on the building register does not coincide with the current status on the building register; hereinafter “instant building”).

B. The Defendant operated a restaurant business at the instant store (see, e.g., the detailed status of possession portion), and at the time when the said lease term expires, the Plaintiff and the Defendant did not express their intent to terminate both contracts, and the Defendant continued the restaurant business.

C. On December 26, 2017, the Plaintiff notified the Defendant that the said lease cannot be renewed any longer.

[Judgment of the court below] The plaintiff's ground of appeal Nos. 1 and 7, and the ground of appeal

2. Determination as to the cause of action

A. According to the facts found in Paragraph 1, the instant lease agreement between the Plaintiff and the Defendant was duly terminated on March 1, 2018 by the Plaintiff’s notification of refusal to renew the lease agreement, which was concluded between six months to one month before the expiration of the initial contract period, pursuant to Article 10(4) of the Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Protection Act”).

I would like to say.

Therefore, barring special circumstances, the Defendant is obligated to return the leased object to the Plaintiff as the return of the leased object.

B. The defendant asserts that the right to request the renewal of the contract under the Commercial Building Lease Act is exercised.

The main text of Article 10(1) of the Commercial Building Lease Act provides that "if a tenant requests the renewal of a contract between six months and one month before the expiration of the lease term, the tenant shall not refuse it without any justifiable reason."