1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 50,000,000 from the plaintiff.

1. Basic facts

A. On March 24, 2009, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant commercial building”) to the Defendant as “eight million won for lease deposit,” “one million won for monthly rent,” and “from March 24, 2009 to March 23, 2010,” respectively.

After that, the Plaintiff and the Defendant concluded a new lease agreement on a one-year basis by increasing the lease deposit and monthly rent each year. Around March 2015, the Plaintiff and the Defendant concluded a lease agreement again by stipulating that “The lease deposit is KRW 50 million, monthly rent of KRW 5.1 million, monthly rent of KRW 5.1 million, and March 23, 2016.”

(hereinafter referred to as “instant lease agreement”), which was concluded on March 2015, B.

On January 20, 2016, the Plaintiff sent to the Defendant a certificate of content that “I have no intention to renew the contract after March 23, 2016, the expiration date of the contract with you, so I have to restore the leased commercial building to their original state and immediately ordered it to do so.” On January 21, 2016, the Plaintiff issued the above certificate to the Defendant.

C. On February 5, 2016, the Defendant sent to the Plaintiff a certificate of content that “Before the expiration of the said lease term, the sender requires the renewal of the contract pursuant to Article 10 of the Commercial Building Lease Protection Act,” and on February 11, 2016, the said certificate was delivered to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, and the purport of the whole pleadings and arguments

2. According to the above facts in determining the cause of the claim, the instant lease agreement was terminated by notifying the Defendant, a lessee, of the expiration of the lease term and one month prior to the expiration of the lease term.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant commercial building, which is the leased object, to the Plaintiff.

3. Judgment on the defendant's assertion

A. The lease agreement between the plaintiff 1 and the defendant was newly concluded every year and the most recently concluded.