1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2, 2014, the Plaintiff and the Defendant concluded each of the lease deposit amounting to KRW 2 million, KRW 200,000 per month, and the period from June 2, 2014 to June 1, 2019 (hereinafter “instant lease agreement”).

B. At the time of the conclusion of the instant lease agreement, the Defendant was transferred the instant building from the Plaintiff and run the development and management service business under the trade name “C” at all times, and completed business registration on January 13, 2016.

C. The defendant continues to conduct the above business in the building of this case until the date of closing the argument of this case.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement expired on June 1, 2019.

Even if it is not so, the defendant did not pay more than two vehicles during the lease term of this case, and the plaintiff argued the right to terminate the lease under Article 640 of the Commercial Building Lease Protection Act, not Article 10-8 of the Commercial Building Lease Protection Act explicitly.

Pursuant to this case, the instant lease contract is terminated upon the service of preparatory documents dated December 26, 2019.

Therefore, the defendant has no right to occupy the building of this case and thus deliver it to the plaintiff. From July 1, 2019 to the completion date of delivery of the building of this case, the defendant is obligated to pay the money calculated by the ratio of KRW 200,000 per month, which is the amount equivalent to the rent, to return the unjust enrichment from the possession and use of the building of this case

3. Determination

A. The Commercial Building Lease Protection Act applies to the instant lease agreement prior to the determination of the argument on the expiration of the period of validity.

According to Article 10 (4) and (1) of the Commercial Building Lease Protection Act, a lessor shall notify or condition the lessee of his/her refusal to renew from six months to one month before the expiration of the lease term.