1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 15, 2012, the Defendant entered into a lease agreement with a co-owner and a lessor holding concurrent office (hereinafter “instant commercial building”) with regard to the lease deposit of KRW 35 million, monthly rent of KRW 740,000 (including value-added tax; 10th of each month), and from March 25, 2012 to March 24, 2015 (hereinafter “instant lease agreement”).

B. On March 29, 2012, the Defendant paid a lease deposit and delivered the instant commercial building in accordance with the instant lease agreement, and completed the registration of the “D” as the location of the instant commercial building in the Mapo Tax Office.

The plaintiff is operating the superior company in the commercial building of this case until the date of closing argument.

C. On June 8, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant commercial building on the grounds of sale as of June 5, 2015 and May 14, 2015.

On June 17, 2015, the result of the Plaintiff’s request for safety inspection on the commercial building of this case to the Korean Office of Professional Engineers, Inc., was “C Grade” (it does not interfere with the safety of the entire building, and it is necessary to repair for the prevention of durability and deterioration of functionality or simple reinforcement of auxiliary members).

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 2, and 3 in the evidence, the purport of the whole pleading

2. The assertion and judgment

A. (1) The Plaintiff asserted that the instant lease contract had already been terminated on March 24, 2015, and thus, the Defendant should deliver the instant commercial building to the Plaintiff. Since the date on which the Plaintiff acquired the real ownership by concluding a sales contract for the instant commercial building on March 20, 2015, the instant lease contract cannot be renewed, and the instant commercial building may not be renewed due to the inevitable occurrence of a safety accident, and thus, the building under Article 10(1)7 (b) of the Commercial Building Lease Protection Act is destroyed, damaged, or partly destroyed, etc.