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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 18, 2016, the Plaintiff leased the instant building to the Defendant with a lease deposit of KRW 10 million, monthly rent of KRW 600,000,000,000 from August 22, 2016 to August 21, 2018. The Defendant, in the instant building, is running a business without business by putting up a signboard. The Plaintiff sent a written notice to the Defendant around May 10, 2018, stating that the said lease term was expired as of August 21, 2018, and that the Defendant requested the extension of the said lease term in accordance with the Commercial Building Lease Protection Act to the Plaintiff on May 21, 2018, there is no dispute between the parties concerned.
2. Assertion and determination
A. The Plaintiff asserts that the Defendant is not a merchant but is not entitled to demand the renewal of the five-year period under the Commercial Building Lease Protection Act (hereinafter “the above Act”) as to the lease of the instant building due to the lack of business registration, and that the above lease contract has expired on August 21, 2018, and thus, the Defendant is obligated to deliver the instant building.
In regard to this, the defendant argues that the lease contract of this case is renewed according to the request for renewal under Article 10 of the above Act, since the building of this case is a commercial building.
B. In full view of the purport of the argument in evidence Nos. 1 and 2, the building of this case is a neighborhood living facility, and the plaintiff also has leased it to the defendant for the purpose of neighborhood living facilities and housing, and there is no counter-proof, and as seen in the above basic facts, the defendant carries on a non-exclusive business in the building of this case. Thus, even if the defendant did not complete the business registration at the competent tax office, the building of this case constitutes a commercial building under Article 2 of the above Act, and thus, the defendant has the right to request the renewal of the contract under Article 10 (1) of the above Act, and the defendant has the right to request the renewal of contract.