A. On March 31, 2014, the Plaintiff purchased a building listed in the separate sheet from B and completed the registration of ownership transfer on December 2, 2014.

B. On January 7, 2013, the Defendant: (a) leased the leased term of part (a) of 49.68 square meters on the ship (hereinafter “instant store”) connected each point of 1,2, 3, 44, and 1,000 square meters in sequence among the buildings listed in the attached Form B from January 7, 2013; (b) from January 7, 2013 to January 6, 2015; and (c) leased the leased deposit at KRW 1,00,000 per month; and (d) around that time, the leased deposit was leased at KRW 7,50,000 per month after delivery of the said store from B.

C. On December 4, 2014, the Plaintiff refused to renew the above lease agreement and notified the Defendant to deliver the instant store by January 6, 2015, which is the expiration date of the said lease agreement, to the Defendant, and the said notification was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 3, purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease contract was terminated on January 6, 2015, barring special circumstances. Thus, the Defendant is obligated to deliver the instant store to the Plaintiff who succeeded to the lessor’s status.

B. As the Defendant demanded the renewal of the above lease contract, it argues that the five-year lease period shall be guaranteed under the Commercial Building Lease Protection Act (hereinafter “Act”), and even if not, the Defendant’s considerable amount of the premium for the business district formed by the Defendant and the five-year period guaranteed by the Act shall compensate for business losses arising from the remainder of the contract period.

However, according to Article 10(1)7 of the Act (amended by Act No. 12042, Aug. 13, 2013), in cases where a lessor needs to recover possession of a building for the purpose of removing or rebuilding all or most of the leased building, the lessor may refuse the lessee’s request for renewal.