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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are co-owners of the instant commercial building between husband and wife.
B. On June 10, 2016, Plaintiff B leased the instant commercial building to the Defendants KRW 10,000,000, the rental deposit for one year from the lease date, and the rent for one year from the lease date, and KRW 7,000,000 per annum (hereinafter “instant lease agreement”). On the same day, Plaintiff B received KRW 10,000,000 from the Defendants on the same day.
C. On April 25, 2017, Defendant C sent to Plaintiff B a certificate of content that contains the content that the period of lease would be extended by one year pursuant to the Commercial Building Lease Protection Act, and the said content certification was served on Plaintiff B.
Plaintiff
B On April 26, 2017, on the grounds that the Defendants did not have the right to request the renewal of the contract in violation of the Commercial Building Lease Protection Act, and the Defendants sent to the Defendants a certificate of content that contains the Defendants’ refusal to request the renewal of the contract, and the above certificate of content was served on the Defendants.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 2, the purport of whole pleadings
2. Judgment on the parties’ assertion
A. The summary of each party's assertion 1) Since the case where the Defendants are eligible to refuse the renewal of the contract falls under Article 10 (1) (proviso) 2, 4, and 8 of the Commercial Building Lease Protection Act, the Plaintiffs may refuse the Defendants' request for renewal of the lease contract of this case, and the Plaintiffs already rejected the request. Therefore, the Defendants should pay to the Plaintiffs the amount equivalent to the rent until they deliver the instant building and deliver the instant building at the same time. (2) The Defendants may demand renewal of the lease contract of this case pursuant to Article 10 of the Commercial Building Lease Protection Act, and actually demanded renewal.
The Defendants do not constitute a case where the Plaintiffs may refuse the renewal of the contract claimed by them.
B. Determination 1: Commercial Building Lease Protection Act.