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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On January 22, 2018, the Plaintiffs purchased buildings listed in the separate sheet (hereinafter “instant building”) in 1/2 shares and purchased 1/2 shares of each other.
5.28. Completion of the registration of ownership transfer.
B. On March 28, 2016, the Defendant concluded a contract to lease the first floor of the instant building from the immediately preceding owner for two years from June 28, 2016 (hereinafter “instant lease contract”).
[Defendant's assertion that the term of lease is five years, but the contract (the date of preparation of evidence No. 1) is March 28, 2016 and the term of lease is 24 months.
Although the period begins on June 28, 201, it is reasonable to view that it has been written by mistake on June 28, 2016, although the period begins on June 201.
C. The Defendant is operating a restaurant with the trade name of “E” on the first floor of the instant building.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 and 9, the purport of the whole pleadings
2. Assertion and determination
A. (1) The Plaintiffs asserted that the instant lease agreement was terminated on June 28, 2018, and the Defendant is obligated to deliver the first floor of the instant building.
(2) The Defendant alleged to the effect that the instant lease contract was renewed.
B. (1) If a lessor of a commercial building fails to notify the lessee of his/her refusal to renew or change the terms and conditions within six months from the expiry of the lease term, it shall be leased for one year from the expiration of the lease term (Article 10(4) and (1)(2) of the Commercial Building Lease Protection Act). (2) According to the evidence No. 7, it may be recognized that the content-certified mail containing the contents of the Plaintiffs’ refusal to renew the contract reaches the Defendant on May 29, 2018.
(3) According to the facts established above and the legal principles as seen earlier, notice of refusal to renew the lease of this case by May 28, 2018, which was one month before the termination of the lease of this case, does not contact the Defendant. Therefore, the same year.
6. From 28.28. The lease for a period of one year began again.
(4) with a right of lease.