Plaintiff

The successor's claim is dismissed.

Litigation costs shall be borne by the plaintiff's successor.

1. Basic facts

A. On October 16, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, which stipulates as follows: (a) the deposit amount of KRW 20,00,000, monthly rent of KRW 200,000 (including value added tax) and the lease agreement with the Defendant for the period from October 21, 2014 to October 20, 2016 with regard to the portion (b) part (hereinafter “instant commercial building”) size of 213.56 square meters, which was connected in sequence 6, 3,4,5, and 6 of the attached drawings, among the four floors of the building listed in the attached list (hereinafter “instant lease”).

B. The instant lease agreement has been implicitly renewed. On July 21, 2020, the Defendant sent to the Plaintiff a certificate of the content that the Plaintiff would exercise the right to request renewal of the contract for a ten-year period under the Act on the Protection of Commercial Building Lease (hereinafter “the Commercial Building Lease Act”). On the following day.

(c)

On the other hand, the Plaintiff’s succeeding intervenor obtained on September 28, 2020 the registration of transfer of ownership of the building listed in the separate sheet from the Plaintiff after the instant lawsuit was filed.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole legal theory

2. The allegations and judgment of the parties

A. On October 20, 2020, the Plaintiff’s assertion that the instant lease agreement was terminated upon implied renewal, and on May 20, 2020, the Plaintiff expressed his/her intent to refuse renewal through the instant complaint. As long as the Defendant was served with a copy of the instant complaint, the instant lease agreement was terminated on October 20, 2020.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff’s successor.

B. Determination 1) As to the right to request renewal as stipulated in Article 10(1) and (3) of the Commercial Building Lease Act, the lessor may not refuse renewal unless there is any reason prescribed in the proviso of paragraph (1), and shall be deemed to have been renewed under the same conditions as the former lease, if the lessee requests renewal of the contract between six months and one month before the expiration of the term of lease.

However, there is a problem.