1. Revocation of the first instance judgment.

2. The defendant shall have the cement block strings on the ground of Gyeongbuk-gun, Chungcheongnambuk-gun, the plaintiff.

1. The part of the judgment of the court of first instance cited the relevant part as it is.

(The main text of Article 420 of the Civil Procedure Act). 2. This part of the parties' assertion also refers to the relevant part of the judgment of the first instance.

(Article 420 of the Civil Procedure Act). 3. Determination

A. According to the relevant statutes of the current Commercial Building Lease Act, in principle, a lessor may not refuse a request for renewal of a contract between six months and one month before the expiration of the lease term without justifiable grounds, in principle.

(Article 10(1). However, the lessee is not entitled to exercise without limitation the right to request renewal of the contract as above, but can exercise the right only within the extent of ten years of total term of lease.

(Article 2 of the same Act). In other words, if a lessee wishes, the term of lease shall be guaranteed for ten years in total.

B. The term of lease guaranteed by the Commercial Building Lease Act was 5 years in total, but Article 10(1) and (2) of the former Commercial Building Lease Act (amended by Act No. 15791, Oct. 16, 2018) was amended by Act No. 15791, Oct. 16, 2018; 10 years thereafter.

This is because it has been continuously raised that the five-year period has been shorter than the lessee's stable continuation of business.

C. In principle, the amended Commercial Building Lease Act was enforced from the date of its promulgation.

(Article 1 of the Addenda). Therefore, it is clear that the total term of lease of commercial buildings (if a lessee desires) concluded after the enforcement of the above Amendment will be 10 years.

On the contrary, it is clear that there is no room to apply the above provision on the ten-year security to the lease contract which was already terminated at the time of the enforcement of the above amendment.

This is because it is not a provision that the effect of the existing lease contract shall be restored within the extent of 10 years.

(See Supreme Court Decision 2017Da9657 Decided December 5, 2017, see Supreme Court Decision 2017Da9657).