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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
The Plaintiff is obligated to compensate the Plaintiff for damages of KRW 200,000,000,000,000 for lease deposit, monthly rent of KRW 5 million, and the lease period from June 18, 201 to June 17, 2012, on the ground that the lease contract was renewed and continued to exist under the Commercial Building Lease Protection Act prior to the expiration of the lease period, on the ground that the Defendant, on the ground that he sold the said building to another person, carried out the house owned by the Plaintiff, thereby infringing on the Plaintiff’s five-year business period and preventing the travel agency business under the Commercial Building Lease Protection Act, and thus, the Defendant is obligated to compensate the Plaintiff for damages of KRW 20,000,000,000,000,000, out of the Plaintiff’s damages, such as the Plaintiff’s damages indicated in the attached document.
Judgment
The Plaintiff leased the instant building from the Defendant on June 23, 201 to KRW 5 million, monthly rent of KRW 500,000, and from June 18, 2011 to June 17, 2012, and registered its business as a travel agent, there is no dispute between the parties. As such, the Plaintiff is entitled to request the Defendant to renew the lease contract between six months and one month before the expiration of the entire lease term pursuant to Article 10(1) and (2) of the Commercial Building Lease Protection Act, insofar as the entire lease term does not exceed five years, but there is no evidence to acknowledge that the Plaintiff requested the renewal of the lease contract between six months and one month before the expiration of the lease term.
(However, according to the evidence No. 12, the Plaintiff can only recognize the fact that the Plaintiff sent to the Defendant a certificate demanding the renewal of the lease contract on June 18, 2012, after the expiration of the lease term. Even if the Plaintiff is a lease contract between six months and one month before the expiration of the lease term.