1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On May 30, 2014, C leased the instant store to the Defendant with a deposit of KRW 10 million, monthly rent of KRW 500,000, and the lease period from May 30, 2014 to August 30, 2015.

(hereinafter “instant lease agreement”). B.

The Defendant is running restaurant business by receiving delivery of the instant store in accordance with the instant lease agreement.

C. On November 28, 2017, the Plaintiff acquired the ownership of the instant building from C, and succeeded to the lessor’s status under the instant lease agreement.

While the instant lease contract was implicitly renewed, the Plaintiff notified the Defendant of his intention not to renew the instant lease contract on June 5, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. On December 8, 2017, the Plaintiff asserted that the Plaintiff demanded the Defendant to terminate the instant lease agreement and to order the instant store store.

After March 1, 2018, the Plaintiff notified the Defendant of the refusal of renewal as a means of demanding the Defendant to continue to issue an order, and notified the Defendant of the refusal of renewal as a preparatory document dated June 7, 2019.

Therefore, the defendant should deliver the store of this case to the plaintiff.

B. The Defendant’s assertion that the termination date of the instant lease agreement was August 30, 2018, and thus, the notification of the termination of the lease agreement as of December 8, 2017 is unlawful as it did not occur within the period stipulated under Article 10 of the Commercial Building Lease Protection Act.

There is no reason to refuse the contract renewal to the plaintiff, and the defendant has requested the renewal of contract.

3. Article 10(2) of the current Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018) that guarantees the right to request the renewal of the contract for the ten-year period of determination applies from the lease initially concluded or renewed after October 16, 2018 (Article 2 of the Addenda of the said Act), and the period of the entire lease shall not exceed five years prior to the enforcement of the said Act.