1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

가. 피고는 2013. 5. 22. 별지 부동산 목록 기재 부동산(이하 ‘이 사건 건물’이라고 한다)의 소유자인 B과 사이에 이 사건 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉠의 각 점을 순차로 연결한 선내 ‘가’ 표시 부분 약 60㎡(101호, 이하 ‘이 사건 점포’라고 한다)를 보증금 2,000만 원, 월차임 110만 원(부가가치세 별도), 임대차기간 2013. 5. 30.부터 2015. 5. 29.까지로 정하여 임차하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하고, 그 무렵 B으로부터 이 사건 점포를 인도받았다.

B. Thereafter, on March 7, 2014, B sold the instant building to the Plaintiff, and accordingly, the Plaintiff completed the registration of ownership transfer on June 5, 2014 with respect to the instant building due to sale.

C. On June 20, 2014, the Plaintiff entered into a contract for design and supervision of a building for the construction of a new building on the ground of Seocho-gu Seoul Metropolitan Government 222.7 square meters (hereinafter “instant site”) which is the instant building site.

Accordingly, on November 26, 2014 and March 31, 2015, the Plaintiff notified the Defendant of the refusal to renew the instant lease contract, and around April 20, 2015, the Plaintiff notified the Defendant of the refusal to renew the contract on the ground of reconstruction of the instant building. D.

On November 2, 2015, the Plaintiff obtained permission from the head of Seocho-gu Seoul Metropolitan Government to build a new building on the ground of the instant site, and the Defendant occupies the instant store as of the date of closing argument in the trial.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 9, purport of whole pleading

2. According to the above determination on the cause of the claim, the instant lease agreement was terminated on May 29, 2015 according to the original lease agreement, barring special circumstances, and thus, the Defendant is a lessor of the instant lease agreement, as sought by the Plaintiff.