beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 29, 2016, the Plaintiff leased the instant building to the Defendant with annual rent of KRW 7,000,000,000, and from July 1, 2016 to July 1, 2017, the Plaintiff continued to maintain for three years by raising the rent of KRW 1,00,000,00 from July 1, 2017, among Class I and Class II neighborhood living facilities (hereinafter “instant building”).
B. The Defendant operated the Taekwondo ground in the instant building and demanded the Plaintiff to renew the contract on March 6, 2017. However, the Plaintiff rejected the request on March 8, 2017 on the ground that the rent for the neighboring building was lower than that of the neighboring building.
[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-2 evidence, the purport of the whole pleadings
2. The Plaintiff’s assertion was newly constructed in 2002. The number of the buildings in question occurred due to aging, the shortage of electricity capacity, the danger of fire due to electricity leakage, and the height of the second floor railing before and after 1 meter, it is necessary to reinforce the possibility of falling into the roof on the first floor unless the height of the second floor railing is reinforced at least 2 meters before and after 2 meters. Such circumstances constitute grounds for refusing the renewal of the lease agreement under Article 10(1)7 (b) of the Commercial Building Lease Protection Act.
Therefore, the defendant is obligated to order the building of this case as long as the term of the lease contract expires.
3. Determination Dominants, and the lessee of a commercial building may request renewal of the contract from six months to one month before the expiration of the lease term, and the lessor shall not refuse the request for renewal of the contract without justifiable grounds. As to the defendant's request for renewal of the contract, the reason under Article 10 (1) 7 (b) of the Commercial Building Lease Protection Act that the plaintiff raised is likely to cause accidents, such as aging, damage, or partial destruction of the building, and thus, it is necessary to recover possession of the building for the purpose of removing or rebuilding the building.