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.

1. Facts of recognition;

A. On December 30, 2014, the Plaintiff leased the building listed in attached Table No. 2 (hereinafter “instant building”) to the Defendant’s father D. From January 1, 2015, the Defendant registered the instant building as his/her workplace and operates the lodging business.

B. On December 30, 2016, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 50 million, monthly rent of KRW 1.8 million, and the lease period from December 30, 2016 to December 29, 2018.

(hereinafter referred to as "the instant lease agreement"). (c)

On November 26, 2018, the Plaintiff sent a notice to the Defendant stating that “The instant lease will be terminated upon the expiration of the period on December 29, 2018, and the Plaintiff would refuse to renew the said lease because it does not want to renew the said lease.” The said notice was served on the Defendant on November 28, 2018.

On November 29, 2018, the Defendant sent to the Plaintiff text messages stating that “The instant lease agreement shall be renewed in accordance with Article 10 of the Commercial Building Lease Protection Act.”

At around 10:50 on the same day, the above text messages reached the Plaintiff’s handphone.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 5, Eul No. 4 (including virtual numbers; hereinafter the same shall apply), the result of this court’s verification, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s instant lease agreement terminated on December 29, 2018, and the Plaintiff expressed his/her intent to refuse the contract renewal to the Defendant. As such, the Defendant shall deliver the instant building to the Plaintiff and return unjust enrichment arising from using and benefiting from the instant building from the day following the termination of the said lease agreement to the day the delivery of the building is completed.

B. The Defendant demanded renewal of the contract at least one month prior to the expiration of the lease term pursuant to Article 10(1) of the Commercial Building Lease Protection Act, and the lease contract is renewed, and thus, the Plaintiff’s lease contract is not terminated.