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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. According to the above facts, the lease contract on the instant store was terminated on May 31, 2013 due to the Plaintiff’s notice of refusal to renew the contract on December 4, 2012, and the lease contract on the instant store was terminated on the grounds of the expiration of each period on April 20, 2013. Thus, the Defendant, as the owner of the instant building, is obligated to deliver the instant store and warehouse to the Plaintiff, who succeeded to each of the instant lease contracts.
B. The defendant's assertion 1) The defendant alleged that he would raise rent to the plaintiff on several occasions after the plaintiff's notification as of December 4, 2012, and it appears that the defendant exercised the right to request renewal under Article 10 of the Commercial Building Lease Protection Act. Article 10 (2) of the Commercial Building Lease Protection Act provides that "The right to request renewal of the contract of the tenant may be exercised only within the extent that the whole lease period including the initial lease period does not exceed five years," and in light of the legislative purport that recognized the right to request renewal of the contract of the tenant within the range of five years as a whole, the term "the initial lease period" in the lease contract concluded after the enforcement of the above Act, or the lease contract which was renewed after the enforcement of the above Act was concluded before the enforcement of the above Act, and all of the lease contracts which were renewed after the enforcement of the above Act were concluded for the first time with respect to the relevant commercial building (see, e.g., Supreme Court Decision 2005Da43299, Mar. 239, 2006).