1. The defendant is the plaintiff, among the underground floors of real estate listed in the attached Table 1 list 1896 m2.53 m2.

1. Basic facts

가. 원고는 피고에게 별지 1 목록 기재 부동산(이하 ‘이 사건 건물’이라 한다)의 지하층 1896.53㎡ 중 별지 2 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차 연결한 선내 (가) 부분 151.8㎡(이하 ‘이 사건 점포’라 한다)를 보증금 1,300만 원, 차임 월 80만 원(부가가치세 별도, 차임은 해당 월의 매월 말일에 납부), 임대차기간 2018. 1. 1.부터 2019. 12. 31.까지로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

On October 10, 2019, the Plaintiff sent to the Defendant a document (Evidence A 3-1) indicating the Plaintiff’s declaration of intent to refuse the renewal of the instant lease by content-certified mail on the ground that “the Defendant had been in arrears with the amount equivalent to the rent for the three-year period of time,” and the said document reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated on January 1, 2020, the Defendant is obligated to deliver the instant store to the Plaintiff.

3. Judgment on the defendant's defense

A. The gist of the defendant's defense is that the defendant did not delay the rent of the instant lease agreement, and even if the rent was overdue, it is because the plaintiff and the defendant agreed to exempt the rent from the defect in the store of this case. Thus, it cannot be deemed that the rent was overdue.

Therefore, since the lease contract of this case is renewed according to the defendant's request for renewal of the contract under Article 10 (1) of the Commercial Building Lease Protection Act, the defendant is not obligated to respond to the plaintiff's request

B. Determination 1) The lease is a contract under which the goods of another person are leased, used and profit-making, and the rent is to be paid in return (Civil Act).