1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 7, 2016, C entered into a lease agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant (hereinafter “instant real estate”), with a deposit of KRW 100 million per month, monthly rent of KRW 10 million, and the period until April 14, 2018 (hereinafter “instant lease agreement”). The Defendant is operating a restaurant from around that time.

B. As to the instant real estate acquired the Plaintiff’s ownership, C completed the registration of ownership transfer to D and E on October 31, 2016, D and E on November 15, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 30, the purport of the whole pleadings

2. The parties’ assertion

A. On January 10, 2018, the Plaintiff asserted that the Defendant did not exercise the right to claim renewal, even though the Plaintiff notified the Defendant of the termination and alteration of the instant lease agreement. Therefore, the instant lease agreement was terminated upon the expiration of the period on April 14, 2018.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. The Defendant asserted that the Defendant continuously requested the Plaintiff to renew the instant lease agreement from November 20, 2017.

3. According to the facts as seen earlier, the instant lease contract is not subject to the Commercial Building Lease Protection Act, but is subject to the lessee’s right to request the renewal of the contract pursuant to Articles 2(3) and 10 of the Commercial Building Lease Protection Act, since the lease deposit is KRW 100 million and the monthly rent is KRW 10 million.

Furthermore, according to the evidence evidence Nos. 5 and 6, the Plaintiff stated that “The lease on the instant real estate will expire on April 14, 2018.” The principal intends to terminate the contract for the construction of a new building: Provided, That if the contract is desired to renew, the contract shall be renewed for one year on the condition of the telephone for filing a lawsuit.”