1. The Plaintiff:

A. The Defendants are storage facilities of reinforced concrete No. 1 of Seosan City D, Seosan-si, and agricultural products on the slive roof slives.

1. Facts of recognition;

A. On April 5, 2012, the Plaintiff’s agent Defendant C and Disposition 1-A

On April 6, 2012, the lease contract of this case was concluded (hereinafter “instant lease contract”) with respect to the building as stated in the port (hereinafter “instant building”) by setting the lease deposit of KRW 10 million, KRW 10 million per annum, and the period of two years from April 6, 2012. The instant lease contract was renewed until April 5, 2016.

B. The Defendants used the instant building as a photograph photographer, and currently possess it as a church, and Defendant B did not pay as from April 6, 2016, the difference under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease contract of this case was implicitly renewed pursuant to Article 639 of the Civil Act because the Plaintiff, a lessor, after the expiration of the lease contract of this case, did not raise any objection to the use and profit of Defendant B, within a reasonable period. However, the fact that the Plaintiff’s copy of the complaint of this case seeking the delivery of the building of this case, claiming the termination of the lease contract of this case, was served on Defendant B on December 26, 2016, is clearly recorded, and this constitutes the notification of termination under Article 635 of the Civil Act. Thus, the lease contract of this case was terminated on June 26, 2017 after six months thereafter.

Even if the Commercial Building Lease Protection Act applies to the instant lease agreement, the term of the instant lease agreement shall be deemed to have been explicitly renewed once a year pursuant to Article 10(4) of the Commercial Building Lease Protection Act. However, the Plaintiff asserted that the instant lease agreement was terminated on December 26, 2016, between six months before the expiration of the term of the instant lease agreement and one month after the expiration of the term of the instant lease agreement, and sought the delivery of the instant building.