The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On June 3, 2014, the Plaintiff: (a) leased all the first floor stores of the building in Gwangjubuk-gu (hereinafter “instant store”) to the Defendant for one year from June 25, 2015, setting the lease deposit amount to KRW 3,000,000; (b) monthly rent to KRW 250,000; and (c) the lease period to June 25, 2014.

B. Accordingly, the Defendant is operating the instant store with mutual cafeteria “D”.

C. On March 2015, the Plaintiff demanded the Defendant to deliver the instant store as the term of lease expires, but the Defendant did not comply therewith.

On August 6, 2015, the Plaintiff demanded that the Defendant deliver a content-certified mail to the Defendant and deliver the instant store by August 30, 2015. However, the Defendant transferred a restaurant to another person, and did not comply with the Plaintiff’s claim on the ground that the Plaintiff could not deliver the store until the premium and facility investment cost is recovered.

At present, the defendant is operating a restaurant at the instant store.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant concluded a lease agreement with the term of lease one year, and the Plaintiff notified the Plaintiff of the refusal of renewal between six months and one month before the term of lease expires.

Therefore, the instant lease contract was terminated, and the Defendant is obligated to deliver the instant store to the Plaintiff.

B. The lease agreement between the Plaintiff and the Defendant was renewed in accordance with the Commercial Building Lease Protection Act.

The defendant cannot respond to the plaintiff's claim until he collects premium, facility investment expenses, etc. by leasing the store of this case by another person.

3. Determination

(a) The notification of a lessor's refusal to renew the lease of a commercial building pursuant to Article 10(4) of the Commercial Building Lease Protection Act is issued prior to the notification of such lessor's refusal to renew the lease unless there are justifiable grounds provided for in Article 10(1)1 through 8 of the same Act.