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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 1, 2014, the Plaintiff, among the real estate listed in the attached list (hereinafter “instant building”), leased 47 square meters on the first floor to Nonparty C, with the lease deposit of KRW 20 million, monthly rent of KRW 1.5 million, and the lease term of KRW 36 months from June 1, 2014 to May 31, 2017 (Provided, That the two-year extension is possible by agreement), and C operated the upper point of “D” on the first floor of the instant building.
B. Around December 2015, the Defendant paid C the premium of KRW 250 million to C, and acquired the right of lease on the first floor of the instant building from C. At that time, the Plaintiff agreed to transfer and take over the said right of lease and concluded a lease agreement under the same conditions as the lease agreement entered into with C (hereinafter “instant lease agreement”).
C. On February 3, 2017, the Defendant requested the Plaintiff to renew the above lease agreement by extending the above lease term to two years until May 31, 2019, but the Plaintiff refused it and filed the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap 1, 2 (including each number), the purport of the whole pleadings
2. The Plaintiff’s assertion is likely to cause safety accidents due to aging and need to repair the entire building to prevent safety accidents. As such, the Plaintiff may refuse the Defendant’s request for renewal of the lease agreement pursuant to the main sentence of Article 10(1) and Article 10(7) and 8 of the Commercial Building Lease Protection Act.
Therefore, the above lease contract was terminated on May 31, 2017 after the lease term expires.
3. Determination
A. The reason for refusing to renew under Article 10(1)7 of the Commercial Building Lease Protection Act exists and the reason for refusing to renew under Article 10(1)7 of the Commercial Building Lease Protection Act is the case where the lessor needs to recover the possession of the building in order to remove or reconstruct all or part of the building in case of concern about the accident due to aging, etc. of the building for the purpose of lease.