1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. Facts of recognition;

A. On September 2, 2013, the Plaintiffs concluded a lease agreement with the Defendant to lease the real estate stated in the purport of the claim (hereinafter “instant real estate”) to the Defendant by setting the deposit amount of KRW 60,000,000, monthly rent of KRW 700,000, management expenses monthly, and the lease period of KRW 300,000, and the lease period of KRW 24 months from October 15, 2013 to October 14, 2015 (hereinafter “instant lease agreement”).

B. On November 4, 2013, the Defendant completed business registration under the Value-Added Tax Act by having the instant real estate as its place of business.

The defendant uses the real estate of this case as dynasium and North Korea practice room, and receives students' kynasium usage fees.

【Ground of recognition】 Evidence Nos. 1 through 18, Eul’s Evidence Nos. 1 through 5 (including branch numbers for those with branch numbers), each video of Gap’s evidence No. 19, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiffs’ assertion 1) The Defendant is entitled to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) prior to the expiration of the lease term under the instant lease agreement.

(2) Article 10(1) of the Commercial Building Lease Act does not require the renewal of a contract under Article 10(1). Rather, the Plaintiffs notified the Defendant of the refusal of renewal on July 1, 2015. Therefore, the instant lease agreement terminated on October 15, 2015. (2) Even if the instant lease agreement was renewed under Article 10(4) of the Commercial Building Lease Act, the renewed lease term is until October 14, 2016. Since the Plaintiffs were notified of the refusal of renewal, the instant lease agreement was terminated on October 15, 2016.

B. The Defendant’s assertion 1) demanded the Plaintiffs to renew the contract under Article 10(1) of the Commercial Building Lease Act. 2) Even if not, the instant lease agreement was renewed until October 14, 2016 pursuant to Article 10(4) of the Commercial Building Lease Act, and the Defendant’s renewed lease term to the Plaintiffs.