1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant is a company that delegated the right to occupy and use, and to manage and operate, the shopping mall of an underground shopping mall located in Seoul Seoul Metropolitan Government (hereinafter “instant shopping mall”).

On February 25, 2014, the Defendant filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014hap32, and received the decision on March 24, 2014.

In the above procedure, as of March 31, 2014, investigation reports were prepared at approximately KRW 3.6 billion for the defendant's assets, and KRW 63.4 billion for the debts.

On February 2, 2015, the rehabilitation court rendered a decision to abolish the rehabilitation plan before authorization pursuant to Articles 286(1)1 and 231 of the Debtor Rehabilitation and Bankruptcy Act on the grounds that the execution of the rehabilitation plan is impossible and it constitutes grounds for exclusion of the rehabilitation plan.

B. (1) On October 22, 2009, the Plaintiff entered into a lease agreement with the Defendant on each of the following terms (hereinafter “instant lease agreement”). On October 6, 2011, the Plaintiff entered into a lease agreement with regard to 132 among the instant commercial buildings: (a) the lease deposit for KRW 518,930,00, monthly rent of KRW 64,000/m2 (the basis for exclusive use for year 201; separate imposition); (b) the lease term of KRW 64,00,000 (the basis for the lease agreement for exclusive use for year 201); and (c) the Plaintiff entered into the lease agreement for each of the instant commercial buildings as “one year from the date of completion,” and (d) the Defendant was released

(2) Article 3(2) of the Regulations on the Management and Operation of Commercial Building of this case provides that “When a lessee intends to continue to conduct a business, he/she shall make a written request to the management and operation company (the defendant) for the renewal of the lease at least one month prior to the expiration of the contract: Provided, That where there is no request for renewal, the lease shall be renewed for one year

(3) The instant lease agreement has been implicitly renewed, and the legal representative of the lessee, including the Plaintiff, etc., on May 18, 2016, the delegating person notified the Defendant of the termination of the lease agreement.