The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 10(1) and (3) of the Commercial Building Lease Protection Act (hereinafter referred to as the “Commercial Building Lease Protection Act”) provides that, with respect to the right to request renewal, a lessor may not refuse renewal unless there is a reason prescribed by the proviso of paragraph (1), unless the lessee requests renewal of the contract between six months and one month before the expiration of the lease term, and shall be deemed to have been renewed under the same conditions as the former lease.

Article 10(2) of the former Commercial Building Lease Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Revised Commercial Building Lease Act”) provides that the right to request renewal may only be exercised within a period not exceeding five years, including the initial term of lease. Article 10(2) of the amended Commercial Building Lease Act provides that the right to request renewal may only be exercised within a period not exceeding ten years, and Article 2 of the Addenda provides that “The amended provisions of Article 10(2) shall apply from the lease concluded or renewed for the first time after this Act enters into force.”

In light of the language, content, and structure of the foregoing provisions, “a lease which was concluded or renewed for the first time after the enforcement of this Act” under Article 2 of the Addenda to the amended Commercial Building Lease Act refers to a lease which was concluded after October 16, 2018, or on or before October 16, 2018, which was concluded for the first time after the enforcement of the amended Commercial Building Lease Act, but which was renewed on or after October 16, 2018.

Therefore, this does not include cases where the lease is terminated due to the expiration of the term of the lease without the renewal of the term of the lease after the enforcement of the amended Act.

2. Review of the reasoning of the lower judgment and the record reveals the following facts.

The plaintiff is the defendant on July 20, 2012.