1. The plaintiff's claim is dismissed.

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

Facts of recognition

On May 10, 2015, the Plaintiff leased to the Defendant real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) on May 10, 2015, from May 10, 2015 to May 9, 2017, the deposit amount of KRW 320 million, and KRW 6 million per month of rent.

On January 24, 2017, the Plaintiff sent to the Defendant a letter verifying that he/she would not renew the lease agreement on the said real estate. On February 24, 2017, the Defendant sent the content-certified mail demanding the renewal of the lease of the said real estate to the Plaintiff.

(Reasons for Recognition) Facts without dispute, entries in Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings.

Plaintiff’s assertion

Since the lease of the instant real estate ends on May 9, 2017, the Defendant shall return the instant real estate, which is the leased object, to the Plaintiff.

Judgment

If a lessee of a commercial building requests renewal of a contract between six months and one month before the expiration of the lease term, the lessor of the commercial building may not refuse it without justifiable grounds (Article 10(1) of the Commercial Building Lease Protection Act). In such a case, the renewed lease shall be deemed to have been renewed under the same conditions as the former lease term is (Article 10(3) of the Commercial Building Lease Protection Act). As seen earlier, as the Defendant demanded renewal of the contract between six months and one month before the termination of the lease of the real estate in this case, the said lease shall be deemed to have been renewed under the same conditions as the former.

Therefore, we cannot accept the plaintiff's claim based on the expiration of the lease contract.

The plaintiff's claim is dismissed.