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. Basic facts

A. On March 31, 2014, the Plaintiff purchased a building listed in the separate sheet from B and completed the registration of ownership transfer on December 2, 2014.

B. On January 7, 2013, the Defendant: (a) leased, among the first floor of the building listed in the separate sheet from B, the part (a) part of 49.68 square meters in the ship (hereinafter “instant store”) connected each point of the attached sheet 1, 2, 3, 4, 1, and 49.68 square meters (hereinafter “instant store”) from January 7, 2013 to January 6, 2015 during the lease period; (b) leased the leased deposit of KRW 10 million and monthly rent of KRW 7,50,000 (hereinafter “instant lease contract”); and (c) around that time, the Defendant was transferred the instant store from B to use it as the place of business.

C. On September 16, 2014, the Plaintiff refused to renew the instant lease agreement and sent a certificate to the Defendant to the effect that the instant store should be delivered by January 6, 2015, which is the expiration date of the instant lease agreement, to the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 6-2, Eul 8 evidence, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on January 6, 2015, barring any special circumstance. Thus, the Defendant is obligated to deliver the instant store to the Plaintiff who succeeded to the lessor’s status.

B. The Defendant’s assertion 1) As the Defendant demanded the Plaintiff to renew the instant lease agreement, the period of five years under the Commercial Building Lease Protection Act shall be guaranteed, and even if not, the Defendant shall compensate for business damages arising from the remainder of the contract period during the five-year period guaranteed by the Commercial Building Lease Protection Act. However, according to Article 10(1)7 of the former Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013) (hereinafter “instant provision”).