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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On March 15, 2016, the Plaintiff, as the owner of the real estate listed in attached Form 1 (hereinafter “instant building”), determined that, among them, the part (Ga) (a) connected each point in attached Form 2 (“instant commercial building”) (hereinafter “instant commercial building”) among the Defendant, the lease deposit amount of KRW 30 million, monthly rent of KRW 220,000,000, and from March 26, 2016 to April 1, 2018, the Plaintiff leased the leased commercial building as stipulated in a special agreement that “the lessor shall guarantee the business right for five years from the date of the contract”.
B. On April 11, 2018, the Plaintiff and the Defendant changed the term of the said lease into KRW 2.4 million by March 31, 2019. On April 1, 2019, the term of the said lease was changed to KRW 2.4 million. On April 1, 2019, the term of the lease was changed to March 31, 2020, and the term was changed to the term of March 31, 2019, the term of the lease was stipulated as follows: “A extended contract is an extension contract under which all the objects may be removed and destroyed for reconstruction, and is in force only until the expiry of the
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) The Plaintiff’s assertion 1) Since the lease period for the instant commercial building claimed by the Plaintiff expired on March 31, 2020, the Defendant is obligated to deliver the instant commercial building to the Plaintiff. Moreover, the Defendant’s claim for renewal may be rejected on the grounds that there are grounds under Article 10(1)7(a) and (b) and (8) of the Commercial Building Lease Protection Act. According to the Defendant’s assertion, the Defendant agreed to guarantee the lease period for five years under the instant lease contract, and the Defendant exercised the right to claim the renewal of the lease, thereby refusing to deliver the instant commercial building.
B. As seen earlier, on March 31, 2020, the term of the instant lease agreement expires, however, the said special agreement provides that “for a period of five years from the date of the contract” in the initial lease agreement.