1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for this case by the court of first instance is the same as that for the judgment of the court of first instance, except for the following addition, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff asserts opposing power or preferential right to reimbursement under the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act"), but in order to recognize opposing power or preferential right to reimbursement under the Commercial Building Lease Protection Act, a lease contract should be concluded regarding the "commercial building" used for business purposes (Article 2(1) of the Commercial Building Lease Protection Act). Since a building used by a non-merchant for non-business or non-business purposes cannot be deemed a "commercial building", it does not apply to the lease of such building.

However, according to the plaintiff's assertion itself, the plaintiff entered into a lease contract on the ground buildings owned by D for the Seocho-gu branch of the F Seoul Metropolitan Government branch, which is the representative, and according to Gap's statement, the whole purport of pleading, etc., the above association can be recognized as a non-profit corporation that does not engage in profit-making business. Accordingly, the lease of the above building is not subject to the Commercial Building Lease Act if a non-merchant uses the object of lease for non-business or non-business purposes.

In this respect, the plaintiff's assertion is without merit.

Even if the Commercial Building Lease Act is applied to the lease of this case and the plaintiff is assumed to have the opposing power under Article 3 (1) of the Commercial Building Lease Act, in principle, the tenant and the business operator shall be the same person, and the lessee shall make a business registration under the name of another person.