1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 10, 2018, the Plaintiff entered into a lease agreement with the Defendant as to the part (Ga) size 255 square meters (hereinafter “the instant building”) connected in order to each point of the attached Table 1, 2, 3, 4, and 1, among the buildings listed in the attached Table 1 attached to the Plaintiff’s attached Table 1, as to the building (hereinafter “the instant building”) owned by the Plaintiff, the Plaintiff, the lessee, the Defendant, the lease deposit amount of KRW 22,00,000, monthly rent of KRW 2,200,000, and the lease period of KRW 2,200,000 from November 1, 2018 to October 31, 2020 (hereinafter “the instant lease agreement”). The Defendant, after entering into the instant lease agreement, had the instant building delivered to the Plaintiff and completed the instant building as the location of the instant building to be the “D business owner” (hereinafter referred to as “the instant building”).

(c)

On August 21, 2020, the Defendant sent to the Plaintiff a certified mail to the effect that the instant lease agreement is renewed, and on September 3, 2020, the Plaintiff sent a certified mail to the Defendant to the effect that the Plaintiff would refuse to renew the instant lease agreement.

Each certified mail of the above contents reaches the other party.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant building is not a commercial building, and is not subject to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), and the Defendant’s request for the renewal of the instant lease agreement is invalid.

Inasmuch as the instant lease agreement has expired on October 31, 2020, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unfair gains equivalent to the rent during the period of possession after the expiration of the lease term.

B. The instant building constitutes a commercial building to which the Commercial Building Lease Act applies.

The Defendant demanded the renewal of the instant lease agreement pursuant to the main sentence of Article 10(1) of the Commercial Building Lease Act.