The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. On January 24, 2015, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 108.49 square meters on the first floor among the buildings indicated in the attached Table, which are owned by the Defendant (hereinafter “the instant building part”), with each of the following terms (hereinafter “instant lease agreement”) by January 31, 2018: (a) the lease deposit amounting to KRW 20 million; (b) the rent amounting to KRW 2.8 million per month; and (c) the lease period by January 31, 2018.

B. The Defendant currently occupies the above building part while operating convenience points in the part of the instant building.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to deliver the part of the building of this case to the plaintiff, since the term of lease of the above lease expires, the defendant asserts that since the defendant demanded the renewal of the contract pursuant to the Commercial Building Lease Protection Act and the contract is renewed, the plaintiff's claim cannot be complied with.

B. Determination 1) The Plaintiff asserts that the instant lease agreement is not subject to the Commercial Building Lease Protection Act, and thus, the Plaintiff’s health class and the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Act”).

The proviso of Article 2(1) provides that “The above Act shall not apply to any lease exceeding the amount of security deposit prescribed by Presidential Decree” but Article 2(3) provides that “Notwithstanding the proviso to paragraph (1), Articles 3, 10(1), (2), and the main sentence of paragraph (3), 10-2 through 10-8, and 19 shall also apply to any lease exceeding the amount of security deposit under the proviso to paragraph (1).” Thus, the defendant may request the plaintiff to renew the contract to the extent that it does not exceed the five-year lease period pursuant to Article 10(1) and (2) of the above Act.

I would like to say.

Therefore, it is true.