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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 1, 2014, the Defendant entered into a lease agreement with C as to the instant real estate with a deposit of KRW 20 million, monthly rent of KRW 1.4 million, and two years from December 1, 2014 to November 30, 2016 (hereinafter “instant lease agreement”) and thereafter operates a singing room on the instant real estate until then.
B. On May 23, 2016, the Plaintiff succeeded to the lessor’s status of the instant real estate by purchasing a building and site including the instant real estate from C and completing the registration of ownership transfer.
C. On July 12, 2016, the Plaintiff notified the Defendant that he/she would refuse to renew the instant lease agreement by content-certified mail, and the said notification reached the Defendant around that time. On July 25, 2016, the Defendant notified the Plaintiff of the demand for renewal of the instant lease agreement by content-certified mail, and the said notification reached the Plaintiff around that time.
[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, Eul 1, 2 evidence, the purport of the whole pleadings
2. Assertion and determination
A. The gist of the Plaintiff’s assertion is that (a) the actual lessee of the instant lease agreement is E with the Defendant, and (b) E enters into a lease agreement with the former owner of the instant real estate on April 9, 2012, and then, (c) the instant real estate is running a singing room with the trade name called “F-sing practice room” on the instant real estate until now. Since the lapse of April 8, 2017, five years thereafter, the right to request the renewal of the contract was extinguished; (b) the Plaintiff is scheduled to file an application for approval for the renewal of the contract falling under Article 10(7)(c) of the Commercial Building Lease Protection Act (hereinafter “the Commercial Building Lease Protection Act”), and (c) there are grounds for refusing to renew the contract falling under Article 10(1)8 of the Commercial Building Lease Protection Act.