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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The relevant provisions of the Commercial Building Lease Act (hereinafter “Act”) are as follows.
Article 10 (Request, etc. for Contract Renewal) (1) Where a tenant requests the renewal of a contract between six months and one month before the expiration of the term of lease, a landlord may not refuse such request without justifiable grounds.
Provided, That the foregoing shall not apply to any of the following cases:
7. Where such landlord needs to recover possession of the building in order to remove or reconstruct all or part of the building for any of the following reasons:
(a) Where the lessee specifically notifies the lessee of a removal or reconstruction plan that includes the timing of construction and required period, etc. at the time the lease contract is concluded, and follows such plan;
(2) Lessee's right to request renewal of a contract may be exercised only to the extent that the whole term of lease, including the initial term of lease, does not exceed ten years, where a building is likely to be worn out, damaged, or partially destroyed;
(3) A renewed lease shall be deemed to have been renewed under the same conditions as those of the former lease.
Provided, That rent and deposit may be increased or decreased within the extent under Article 11.
(4) If a lessor fails to notify the lessee of the refusal of the renewal or of the change in the terms and conditions within the period prescribed in paragraph (1), the lease shall be deemed to have been renewed under the same conditions as those of the former lease upon expiration
In such cases, the term of lease shall be deemed one year.
B. (1) Pursuant to the main sentence of Article 10(1) of the Act, the Defendant once more than six months to one month before the termination of the lease.