1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 28, 201, the Plaintiff leased the instant commercial building to the Defendant with a deposit of KRW 30,000,000 from January 28, 2011 to January 27, 2013. On January 28, 2013, the Plaintiff leased the instant commercial building with a deposit of KRW 30,000,000, monthly rent of KRW 1,000, and the period from January 28, 2013 to January 27, 2015 (hereinafter “the instant commercial building”). From January 28, 2013 to January 27, 2015, the Plaintiff leased the instant commercial building to the Defendant with a deposit of KRW 30,00,000,000, KRW 1,000, KRW 1,000, KRW 100,000, KRW 200, KRW 10,017,201.

B. On January 29, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant commercial building should be handed over, as the instant lease agreement was terminated.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. On January 22, 2015, at the time of concluding the instant lease agreement again, the Plaintiff notified the Defendant that he/she had no intention to conclude or extend the instant lease agreement on the commercial building, and thereafter notified the termination through the proof of the content. As such, the instant lease agreement was terminated upon the expiration of the period.

Therefore, the defendant is obligated to deliver the commercial building of this case to the plaintiff.

B. The gist of the Defendant’s assertion is that the Plaintiff did not declare to the Defendant the refusal to renew the contract within the period stipulated under Article 10(4) and (1) of the Commercial Building Lease Protection Act, and the instant lease agreement was extended by more than one year under the same condition, and its period has not yet expired.

C. Determination: (a) Article 2(1) of the Commercial Building Lease Protection Act; (b) Articles 2(1)4 and 2(2) of the Enforcement Decree of the same Act: (c) monthly rent of KRW 1.2 million x 1.2 million x (i.e., KRW 100 million x (i.e., KRW 150 million) the instant lease agreement is a commercial building.