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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 10, 2010, the Plaintiff entered into a lease agreement with the Defendant on a lease agreement with a size of 60.5 square meters on the first floor as KRW 20 million, monthly rent of KRW 800,000,000 from April 30, 2010. On August 11, 2013, the Plaintiff newly entered into a lease agreement with the following terms: (a) the lease agreement with the Defendant on a lease agreement with a size of 60.5 square meters on the first floor and KRW 17.76 square meters on the first floor (hereinafter “instant building”) from among the buildings indicated in the foregoing attached Table, the lease agreement was concluded by setting the lease deposit amount of KRW 20,000,000,000 per month, monthly rent of KRW 1,000,000 from April 11, 2013 to lease (hereinafter “instant lease agreement”).
B. On March 12, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement and the intention of extension thereof.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. Determination as to the termination of the instant lease agreement
A. The Plaintiff notified the Defendant of the refusal to renew the instant lease agreement on January 3, 2015, and agreed to extend the lease term to six months at the Defendant’s request on March 6, 2015. Thus, the instant lease agreement was terminated on October 10, 2015 when six months have elapsed since the original lease term expired. (2) Defendant A notified the Plaintiff of the refusal to renew the lease after the lapse of the period stipulated in Article 10(1) of the Commercial Building Lease Protection Act. (b) The instant lease agreement was implicitly renewed pursuant to Article 10(4) of the said Act. (c) The Defendant concluded a franchise agreement with C Co., Ltd. around May 9, 2014 to extend the lease term until April 2020 between the Plaintiff and the Plaintiff.
B. The instant lease contract is a lease contract for commercial buildings subject to business registration, and is subject to the Commercial Building Lease Protection Act.