1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 17, 2014, the Defendant leased two floors (hereinafter “instant store”) among the buildings listed in the separate sheet (hereinafter “instant building”) from C from August 17, 2014, by setting the deposit amount of KRW 10 million, monthly rent of KRW 1.8 million, and the lease term from August 17, 2014 to August 17, 2016.

B. At the time of leasing the store of this case, the Defendant concluded a special agreement with C to the effect that “the lessor would construct a building regardless of the term of lease at the time of cancelling the development of the building” (hereinafter “instant special agreement”).

C. After doing so, the Defendant operated a singing room on the delivery of the instant store, and the said lease agreement was implicitly renewed by August 16, 2017 on the grounds that C did not notify of the rejection of renewal.

Meanwhile, the Plaintiff purchased the instant building from C on July 21, 2016 and completed the registration of ownership transfer on January 20, 2017.

E. On May 17, 2017, the Plaintiff notified the Defendant of the refusal to renew the said lease agreement on the grounds of removal and new construction due to the aging, etc. of the instant building. A duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the said lease agreement under the instant special agreement was served on the Defendant on April 7, 2017.

[Ground of recognition] Facts without dispute, Gap 2, 6, 7, 8, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion (1) is that the Plaintiff would remove the instant building that was worn-out in 40 years prior to the end of 40 years, and construct a new building on the said place. As such, the said lease agreement was terminated on April 7, 2017 pursuant to the instant special agreement.

(2) In addition, the Plaintiff refused to renew the above lease agreement to the Defendant on the grounds that there is a risk of safety accidents due to the aging of the said building. As such, the said lease agreement was terminated on August 16, 2017.

(3) Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. (1) Determination is based on the following: (a) whether the above lease contract was terminated or not; (b) the Plaintiff’s certificate Nos. 7 and 9 was issued on February 6, 2017.