The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On April 1, 2018, the Plaintiff concluded a lease agreement with the Defendant and Yeongdeungpo-gu Seoul Metropolitan Government C and D (hereinafter “instant commercial building”) with respect to KRW 10 million, monthly rent of KRW 10 million, and the period from April 1, 2018 to March 31, 2020 (hereinafter “instant lease agreement”) and leased the instant commercial building.

The proviso of Article 3 of the instant lease agreement provides, “In the event of a termination or extension lease, the lessor or lessee shall be notified to the other party at least two months in good faith and to renew the lease agreement (or implied recognition of renewal).”

B. On February 26, 2020, the Defendant notified the Plaintiff of the purport that “The instant lease contract terminates on March 31, 2020, which is the expiration date, and the Defendant wishes to sell or develop the instant commercial building, and the Defendant does not renew the lease contract or conclude a renewal contract.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant notified the Plaintiff that the instant lease contract will not be renewed or renewed on the grounds of sale or development of the instant commercial building, and this is the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

(2) According to Article 10-4(1) of the Commercial Building Lease Act, the Defendant is obligated to compensate the Plaintiff, a lessee, for damages equivalent to the premium amounting to KRW 287,732,00 and damages for delay thereof pursuant to Article 10-4(3) of the same Act. (2) According to the proviso to Article 3 of the instant lease agreement, the Defendant’s expression of refusal to renew the instant lease agreement shall be made before January 31, 2020, which is two months prior to the expiration of the lease term, and the expression of intention of refusal to renew the lease is invalid even with the lapse of the period.

The defendant is willing to refuse to renew the instant lease contract only on February 26, 2020.