1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On March 21, 2016, the Defendant entered into a lease agreement with C, the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant store”) and with respect to the instant store, setting the monthly rent of KRW 150,000 (excluding additional dues) without a lease deposit and the lease period from September 20, 2015 to September 20, 2017.

The Defendant is operating a restaurant in the name of “E” at the D unit store in the same building (G building) as the instant store and the instant store.

On November 15, 2016, the Defendant concluded a lease contract to change the lease deposit amount to KRW 5 million, monthly rent to KRW 100,000 (excluding additional tax), while the lease contract between C and the above lease contract is the same as the lease term between C and the above lease contract (hereinafter “instant lease contract”).

On May 1, 2017, the Plaintiff agreed to succeed to the lessor’s status under the instant lease agreement while purchasing the instant store to the said C, and completed the registration of ownership transfer for the instant store.

The Defendant received monthly rent of 110,000 won under the instant lease agreement.

On May 18, 2017, the Plaintiff sent the document to the Defendant to deliver the instant store upon the expiration of the lease term under the instant lease agreement by content-certified mail.

On July 18, 2017, the Defendant sent to the Plaintiff a document stating that the Defendant shall exercise the right to request renewal of the contract under Article 10(1) of the Commercial Building Lease Protection Act (hereinafter “Act”) by content-certified mail.

[Ground of recognition] In the absence of dispute, Gap 1, 2, 3, 10 evidence, Eul 1, 2, and 3 evidence, the purport of the whole pleadings, and the purport of the defendant's right to request renewal of the contract, and the summary of the plaintiff's argument, the defendant asserts the renewal of the lease contract of this case.

On the grounds delineated below, the plaintiff asserts that the defendant cannot request the renewal of the contract under the law.