1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 6, 2014, the Defendant entered into a lease agreement with C with regard to the lease deposit amounting to KRW 2,000,000,000, monthly rent, KRW 200,000, and the lease term of KRW 24 months (hereinafter “instant lease agreement”).

B. After completing business registration in the Kimcheon-gu Office, the Defendant operates a restaurant in the name of "D" on the leased building of this case.

C. On December 31, 2014, the Plaintiff purchased the said real estate from C, and succeeded to the lessor’s status under the instant lease agreement, and completed the registration of ownership transfer on January 13, 2015.

On December 2, 2015, the Plaintiff expressed his/her intent to refuse the renewal of the instant lease agreement to the Defendant and notified the Plaintiff of his/her intention to surrender the instant leased building by May 5, 2016, which is the expiration date of the lease term. The Defendant requested the Plaintiff to renew the instant lease agreement around that time.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1, 2, Eul evidence 2, Eul evidence 1, Eul evidence 1 and the purport of whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion 1) the instant lease agreement was terminated on May 5, 2016 after the expiration of the period of validity, and the instant lease agreement was concluded as the building was worn-out, and the Defendant agreed to order the leased building if it was sold between the former lessor C without any condition. As such, the Defendant is obligated to deliver the instant leased building to the Plaintiff and pay damages equivalent to KRW 200,000 per month from May 6, 2016 to the completion date of delivery. (2) As the Defendant exercised the right to demand renewal under the Commercial Building Lease Protection Act and the lease was lawfully renewed, it is impossible to comply with the Plaintiff’s request for delivery.

B. Article 10(1) of the Commercial Building Lease Protection Act provides that a lessor shall renew the contract between six months and one month before the lessee’s lease term expires.