1. In the case of leisure between the Plaintiff and the Defendant, it is about the 48 square meters of a single-story shop in light of the prefabricated 2, the light steel framed tank, the prefabricated 2, and the roof.

1. Determination on the cause of the claim

A. Fact 1) The Defendant’s real estate indicated in paragraph (1) of this Article, which is a store within the school of D High School (hereinafter “instant store”).

(2) The Plaintiff, on April 30, 2015, offered a bid for the permission to use the instant store for consideration. As a result, the Plaintiff and the Plaintiff, on May 6, 2015, set the loan fee of KRW 20,790,00, and the loan period of KRW 20,790,000, and the loan of the instant store from May 6, 2015 to May 5, 2017 (hereinafter “instant loan agreement”).

(2) On May 6, 2015, the Plaintiff concluded a business registration with the head of a female tax office having registered the instant store as its place of business, and operates a retail business of food, etc.

3) On March 16, 2017, the Plaintiff is entitled to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) to the Defendant.

Based on the above, the Defendant asked the Plaintiff to renew the instant loan agreement for one year. On March 22, 2017, the Defendant sent to the Plaintiff, “The instant loan agreement as fundamental property for education, is not subject to the Commercial Building Lease Act, and as scheduled, expires on May 5, 2017.” On April 4, 2017, the Defendant notified the Plaintiff that the instant store will be reinstated until May 9, 2017 and transferred it to the original state.” 【No. 2, 4, 6, 1, 3-1, 5-1, 1, 5-1, respectively, of the evidence No. 2, 4, 6, 3-1, 5-1 of the grounds for recognition.

B. 1) Whether the Commercial Building Lease Act is applicable or not is the Commercial Building Lease Act (A) refers to a lease used for the commercial purpose of profit-making as a building subject to business registration, which is the object of the lease.

In addition, whether a commercial building is subject to the Commercial Building Lease Act should be judged substantially according to whether it is used for business in light of the current status, use, etc. of buildings not indicated in the public record.

(see Supreme Court Decision 2009Da40967, Jul. 28, 2011) Naba, the following facts, namely, the Plaintiff.