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1. The plaintiff's main claim is dismissed.
2. Upon arrival of August 12, 2017, the Defendant indicated the building attached to the Plaintiff.
Reasons
1. Judgment on the main claim
A. On August 11, 2012, C, the owner of the instant store, indicated in the purport of the judgment on the grounds of the claim (hereinafter “instant store”), entered into a lease agreement with the Defendant by setting the instant store from August 11, 2012 to August 10, 2013, and delivered the instant store to the Defendant. The Plaintiff, who was transferred the ownership of the instant store on August 19, 2014, transferred the ownership of the instant store with the Defendant on August 27, 2014, succeeds to the previous lease agreement with the purport that the Plaintiff, who was subject to the ownership of the instant store on August 27, 2014, succeeds to the ownership of the said store as it is, the lease agreement was concluded between August 20, 2014 to August 11, 2015.
According to the above circumstances, it is evident that the instant lease agreement has expired on August 11, 2015, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff, barring any special circumstance.
B. On June 4, 2015, the Defendant asserted that the Defendant did not have a duty to deliver the instant store to the Plaintiff, since the instant lease agreement was renewed under the same conditions as the previous one, on the grounds that the Defendant demanded the Plaintiff to renew the instant lease agreement and the instant lease agreement was renewed
If a tenant requests renewal of a contract between six months and one month before the expiration of the lease term, a lessor is not denied without justifiable grounds (Article 10(1) main text of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”). Such renewed lease is deemed to have been renewed under the same conditions as the former lease term (Article 10(3) main text of the Commercial Building Lease Protection Act), and Article 10(5) of the former Lease Protection Act is acknowledged as having been requested to renew the contract on June 4, 2015, between six months before the expiration of the lease term and one month before the expiration of the lease term of this case. Thus, the lease contract of this case is identical.