1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On March 22, 2016, the Defendant entered into a commercial building lease agreement (hereinafter “instant lease agreement”) between D and D, which was co-owners of the instant building, with respect to the area of 100 square meters (hereinafter “the instant store”) among the three-story buildings located in Gangdong-gu Seoul (hereinafter “instant building”) and D, setting the deposit amount of 20 million won, monthly rent of KRW 650,000, and the period from April 10, 2016 to April 9, 2017, and is engaged in the business of processing and supplying the instant commercial buildings at the instant store until now.

B. On May 3, 2016, the Plaintiff (Appointed; hereinafter “Plaintiff”) and the Appointed E Co., Ltd. (hereinafter “Appointed”) whose representative director is the Plaintiff (hereinafter “Plaintiff”) purchased 1/2 shares of each of the instant buildings from D, etc. and completed the registration of transfer of ownership under the name of the Plaintiff and the Appointed on June 8, 2016.

C. From July 25, 2016, the Plaintiff, from around July 25, 2016, has a reconstruction plan to the Defendant, notified the Defendant that the instant store will be delivered upon the termination of the instant lease agreement, but the Defendant notified the Plaintiff that the Plaintiff cannot comply with the Plaintiff’s request on or around March 6, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings.

2. Determination

A. The term of the instant lease agreement expired on April 9, 2017, and the Plaintiff refused to renew the instant lease agreement pursuant to Article 10(1)7(a) or (b) of the Commercial Building Lease Protection Act, as it is necessary to recover possession of the instant store for the removal or reconstruction of the instant building.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.

B. (1) According to the above facts, the Defendant’s status as lessor pursuant to Article 3(2) of the Commercial Building Lease Protection Act, which was between six months and one month prior to the expiration of the instant lease agreement, on March 6, 2017.