1. The Defendant indicated the attached drawing among the first floor of the building listed in the attached list to the Plaintiff (Appointed Party) and the Appointed C.

1. Facts of recognition;

A. On February 3, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting the rental deposit of KRW 10 million, rent of KRW 500,00,00, and the period from February 25, 2015 to February 24, 2016, on the part of 23 square meters in the ship (hereinafter “instant store”) which successively connects each point of the attached drawings among the first floor of the buildings listed in the attached list.

B. On September 11, 2015, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the Selection C (hereinafter collectively referred to as “Plaintiffs”) purchased buildings listed in the separate sheet (hereinafter “instant building”) from D, and completed the registration of ownership transfer on October 15, 2015, respectively.

C. On October 23, 2015, the Plaintiff sent to the Defendant a content-certified mail that refuses to renew the contract for reconstruction of the instant building.

On November 6, 2015, the Plaintiffs obtained a building permit from the Songpa-gu Seoul District Office to remove the instant building and build a new building.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserts that since the building in this case was worn out and notified to the defendant of the refusal to renew the contract in order to reconstruct the building, the defendant is obligated to deliver the building in this case to the plaintiffs. As to this, the defendant asserted that the building in this case cannot be deemed to be an old building due to the failure to undergo safety inspection, etc., and the defendant can occupy the store in this case while renewed the lease contract for five years pursuant to the Commercial Building Lease Protection Act.

B. According to Article 10(1)7(2) and (2) of the Commercial Building Lease Protection Act, a lessee has the right to demand renewal of the lease agreement within a period of five years.