A. On October 16, 2013, the Plaintiff, as the owner of the building indicated in the attached list (hereinafter “instant building”), concluded a lease agreement between the Defendant and the Defendant (hereinafter “instant lease agreement”) with a deposit amounting to KRW 4 million, monthly renting KRW 195,00,00, and the lease agreement between October 5, 2013 and 24 months from the lease term of the instant lease agreement with regard to the 25.1 square meter (C) on the two floors of the instant building, which connects each point of which is indicated in the attached list 34,35,36,37, and34.

B. On September 23, 2015, the Plaintiff sent to the Defendant a document requesting the delivery of the leased portion by October 15, 2015, because the instant building was scheduled to be reconstructed after the removal, and thus the lease contract with the Defendant cannot be renewed.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above recognition of the cause of the claim, the instant lease agreement between the Plaintiff and the Defendant was terminated on October 4, 2015, and thus, the Defendant is obligated to deliver the leased part of the instant building to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) Declaration of rejection of the renewal on September 23, 2015 by the Plaintiff is the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

(2) Since the instant lease contract is not within the lawful period stipulated in Article 10(1), the term of existence was renewed pursuant to Article 10(4) of the Commercial Building Lease Act and extended one year. (2) As seen earlier, the Defendant exercises the right to request the renewal of the contract with respect to the instant lease contract, the period of which has been extended by October 4, 2016, by serving a preparatory document, etc. as of April 26, 2016 pursuant to Article 10(1) of the Commercial Building Lease Act.

3) Preliminaryly, even if the instant lease agreement expired, the Defendant’s obligation to deliver is simultaneously performed with the Plaintiff’s obligation to return the deposit. (B) The Plaintiff’s assertion 1) on July 2015.