1. The Defendant is from the Plaintiff’s KRW 5,00,000 to the retail store of the first floor among the buildings indicated in the separate sheet from January 10, 2017.

1. Basic facts: (a) on November 10, 201, the Defendant entered into a lease agreement with C, setting the deposit amount of KRW 5,00,000, monthly rent of KRW 300,000, monthly rent of KRW 100, monthly rent of KRW 100, monthly rent of KRW 300,00, and the period from November 10, 201 to November 10, 201; (b) around that time, the Defendant paid the said deposit to C, received delivery of the instant store, and operates the same as “D” with the trade name of “D”.

② Meanwhile, on April 5, 2012, the Plaintiff entered into a sales contract with C to purchase the said building and its site for KRW 280,000,000, and agreed to succeed to the status of a lessor under the said lease contract with C, and completed the registration of ownership transfer on April 24, 2012 in its name.

③ On September 25, 2013, one month prior to the expiration of the above lease term, the Plaintiff sent to the Defendant a certificate of contents demanding the presentation of the instant store due to the expiration of the lease term. However, the Defendant exercised the right to request the renewal of the contract under Article 10(1) of the Commercial Building Lease Protection Act.

④ Meanwhile, the Plaintiff and the Defendant agreed to increase the monthly rent to KRW 350,000, around November 2013, which was around the expiration date of the above lease term.

⑤ After that, on November 11, 2014 and September 27, 2016, the Plaintiff sent each of the instant stores to the Defendant a certificate of content demanding the presentation of each of the instant stores. However, the Defendant rejected the presentation of the instant store on the ground of implied renewal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. Under Article 10(2) of the Commercial Building Lease Protection Act, a lessee’s right to request renewal of the contract can only be exercised within the extent that the whole period of lease including the initial period of lease does not exceed five years. Thus, the Defendant’s right to request renewal of the contract is exercised.