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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 7, 2016, the Defendant entered into a lease contract with respect to the real estate listed in the separate sheet owned by C and C (hereinafter “instant real estate”), with respect to KRW 100 million, KRW 10 million per month of rent, and KRW 10 million from the delivery date of the lease term ( April 15, 2016) to April 14, 2018 (hereinafter “instant lease contract”). From that time, the Defendant is operating a restaurant called “D” in the said real estate.
B. As to the instant real estate acquired the Plaintiff’s ownership, C completed the registration of ownership transfer to E and F on October 31, 2016, E and F, respectively, on November 15, 2017.
C. 1) The Defendant continuously demanded the Plaintiff to renew the instant lease agreement before January 5, 2018, but the Plaintiff filed a lawsuit against the Defendant on June 4, 2018 alleging that the instant lease agreement had expired on or around April 14, 2018. On this issue, on January 17, 2019, the instant lease agreement was deemed to have been renewed on the same condition as the former lease pursuant to Article 10(3) of the Commercial Building Lease Protection Act upon the Defendant’s request for renewal (Seoul Western District Court Decision 2018Ga21864 Decided January 17, 2019). The Defendant served a preparatory document on the Plaintiff’s legal representative under Article 10(10) of the said Commercial Building Lease Protection Act on the grounds that the instant lease agreement ought to be deemed to have been renewed upon the Defendant’s request for renewal of the lease agreement. (2) The Defendant was served on the Plaintiff’s legal representative under the said provision of Article 10(1)10(d) of the said Act.
The Defendant’s demand for increase in rent and the Plaintiff filed the instant lawsuit on November 29, 2018, based on Article 10-2 of the Commercial Building Lease Protection Act, are KRW 100 million to KRW 300 million.