1. The defendant shall indicate the plaintiff 1, 2, 3, 4, 5, 6, 7, and 1, 2, 4, 5, 6, 7, and 7 of the attached drawings among the coagu residential and coa

1. Facts of recognition;

A. The Yongsan-gu Seoul Metropolitan Government colon and coagu residential building (hereinafter “instant building”) were newly constructed in around 1959 and was approved for use on April 14, 1959.

나. 피고는 2012. 9. 12. 소유자인 원고로부터 이 사건 건물 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 1의 각 점을 차례로 연결한 선내 ㈎부분 점포 37.41㎡(이하 ‘이 사건 점포’라 한다)를 보증금 500만원에 차임 600,000원, 기간 2012. 10. 2.부터 1년으로 정하여 임차하였다.

C. Where the lease of the instant store was implicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Protection Act on October 2, 2013, the Plaintiff notified the Defendant of the intention to renew the instant building because it was a plan to remove the instant building upon the expiration of the lease term that was renewed on October 8, 2013.

On September 1, 2014, the Plaintiff notified the Defendant of his intention to renew the lease when the lease term expires at once due to the deterioration of the instant building.

[Based on Recognition] Each entry in Gap evidence 1, 2, 4, and 5 (including each number)

2. Determination

A. According to the fact of the termination of the lease upon the expiration of the lease term, the lease between the Plaintiff and the Defendant on the instant store has expired on October 1, 2014, and the Defendant is obligated to deliver the instant store to the Plaintiff, barring special circumstances.

B. The defendant asserts that the lease of the store in this case was renewed by exercising the right to request renewal of the contract under the main sentence of Article 10(1) of the Commercial Building Lease Protection Act.

As to this, the plaintiff is entitled to the proviso of Article 10 (1) 7B of the Commercial Building Lease Protection Act.

Since it is necessary to remove or rebuild a building as it falls under the item (hereinafter referred to as “the risk of safety accidents, such as aging damage or partial destruction”), there is a justifiable reason to refuse the request for renewal.