1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by the Defendant at the trial is dismissed.

2. Costs of appeal.

1. Facts of recognition;

A. On June 30, 2007, the Defendant leased 64.99 square meters of the first floor among the real estate listed in the separate sheet (hereinafter “instant store”) from the Plaintiff, and thereafter, operated a restaurant in the name of “C”. On April 30, 2015, the Defendant concluded a lease contract with the Plaintiff on April 30, 2015, with the lease deposit amounting to 28,000,000,000,000,000, and 24 months of the lease period (hereinafter “instant lease contract”).

B. On January 16, 2017, the Plaintiff notified the Defendant of his/her intention to refuse to renew the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on April 30, 2017, and thus, the Defendant is obliged to deliver the instant store to the Plaintiff at the same time with the payment of KRW 28,000,000 from the Plaintiff, as the lease agreement was terminated on April 30, 2017.

B. (1) The Defendant asserts that the instant lease contract was renewed in accordance with Article 10 of the Commercial Building Lease Protection Act, and therefore, the instant lease contract was not terminated, since the Defendant entered into a new lease contract with the Plaintiff by simply cutting off the existing lease contract with the Plaintiff, and the Plaintiff demanded renewal of the instant lease contract.

(B) Therefore, in light of the provisions of Article 10(1) of the Commercial Building Lease Protection Act, a lessor may not refuse a lessee’s request for renewal of a contract between six months and one month prior to the expiration of the lease term without justifiable grounds. However, the Defendant demanded the Plaintiff to renew the lease contract between six months and one month prior to the expiration of the lease term of this case.