1. The plaintiff's claim is dismissed.

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

1. Basic facts

(1) The Plaintiff owned a building without permission on one floor on the ground of 83.5 square meters in Busanjin-gu, Busan, and on February 24, 2016, the Plaintiff leased the building to the Defendant on the basis of the following: (a) indication 1,2, 3, 4, and 19.25 square meters in the attached drawings among the above buildings (hereinafter “instant building”); (b) KRW 10 million in the lease deposit; (c) KRW 700,00 in the monthly rent; and (d) the lease period from February 24, 2016 to February 24, 2017.

(hereinafter referred to as “the lease of this case”). The defendant operates a new and leisure product sales store in the name of “D store” in the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence No. 1-3, Gap evidence No. 4, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserts that the Plaintiff is obligated to deliver the instant building to the Plaintiff, since the term of the instant lease expires on February 24, 2017.

In regard to this, the defendant did not refuse to renew the lease between six months and one month before the expiration of the lease term of this case, and thus, it did not accept the plaintiff's request, since the lease is renewed under the same conditions as the lease of this case.

B. According to Article 10(4) of the Commercial Building Lease Protection Act, if a lessor fails to notify the lessee of the refusal to renew or to notify the lessee of the change of the terms and conditions at least six months but not later than one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term.

However, there is no evidence to prove that the plaintiff notified the defendant of the rejection of renewal or notification of change of the condition between six months and one month before the expiration of the term of lease.

Rather, the following circumstances, i.e., the Plaintiff’s lease period, which is acknowledged by comprehensively considering the purport of the entire pleadings in the statement No. 2 of No. 1.