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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 15, 2012, the Plaintiff leased the lease deposit amount of KRW 23,00,000,000,000,000 from June 25, 2012 to June 25, 2014, the lease contract was explicitly renewed by one year from June 25, 2016 to June 25, 2016, and the Defendant operates the instant real estate brokerage office on the first floor after completing business registration on June 27, 2012.
B. On December 20, 2013, the Plaintiff: (a) leased the instant 148.6 square meters of the land floor among the instant buildings (hereinafter “instant Subdivision”) to the Defendant by setting the lease deposit of KRW 10 million, monthly rent of KRW 600,000,000 from January 18, 2014 to January 18, 2015; and (b) thereafter, the said lease agreement was explicitly renewed once.
C. On November 26, 2015, the Plaintiff asserted that it would be expected to be reconstructed due to the deterioration of the instant building through the content certification and demanded the Defendant to deliver the instant 1st floor store and branch office until the end of March 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 4, Eul evidence 1, 2-4, Eul evidence 4-1 and Eul evidence 4-2, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The instant first floor store is a commercial building subject to the Commercial Building Lease Protection Act. According to Article 10(1)7 of the former Commercial Building Lease Protection 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 part of the leased building, a lessor may refuse a lessee’s request for renewal of the contract. The Plaintiff reconstructed the instant building to the Defendant on November 26, 2015.