The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the ground of appeal No. 1, the lower court acknowledged that the instant lease agreement was terminated at the time when the Plaintiff’s notice of termination was delivered to the Defendant, and rejected the Defendant’s assertion that the Plaintiff is not subject to protection of opportunity to recover the premium, as it constitutes a lessee who has failed to pay more than three rents, including the period after termination.

In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error in the misapprehension of legal principles as to the proviso of Article 10-4 (1) and Article 10 (1) 1 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

2. As to the ground of appeal No. 2, Article 10-4(1) of the former Commercial Building Lease Act (amended by Act No. 15891, Oct. 16, 2018) provides, “The lessor shall not interfere with receiving the premium from a person who intends to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from three months before the lease term expires to the end of the lease term, and thus, the lessor shall not interfere with receiving the premium from the person who intends to become a new lessee pursuant to the premium contract.” However, the same shall not apply where any ground falling under any of the subparagraphs of Article 10(1) exists.” In the event of refusal to renew the contract, the lessor is not obligated to protect the opportunity to

On the other hand, Article 10(1)7(c) of the same Act

As one of the grounds for refusal to renew a contract, the lessor has “necessary to recover possession of the building for the purpose of removing or rebuilding all or most of the building for the purpose of use in accordance with other statutes.”

Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, February 8, 2017.