beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 3, 2011, the Plaintiff entered into an initial lease agreement with the Defendant regarding the real estate stipulated in the disposition No. 1 (store No. 14 and No. 18), and entered into a lease agreement with the Defendant on November 3, 201, which was extended or modified, with the deposit money of KRW 30 million, monthly rent of KRW 2,156,00, and the lease term of KRW 1 year from November 1, 201, and thereafter, the said lease agreement was explicitly renewed between the Plaintiff and the Defendant.
B. On September 30, 2015, the Plaintiff sent a content-certified mail stating that the instant lease agreement expired as of October 31, 2015, and the said content-certified mail sent to the Defendant on October 2, 2015.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including additional number), Eul evidence 1, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. Plaintiff 1’s assertion that the instant lease agreement was concluded between the Plaintiff and the Defendant around October 2014, and the agreement was concluded between the Plaintiff and the Defendant to order the leased real estate until August 31, 2015. Even if Sheshe did not so, the instant lease agreement expired on October 31, 2015, and the Plaintiff’s refusal to renew the lease agreement terminated on September 30, 2015. Therefore, the Defendant is obligated to deliver the instant leased real estate to the Plaintiff and return the amount calculated at the rate of KRW 2,156,00,00, which is the amount equivalent to the monthly rent from November 1, 2015 to the expiration date of delivery. 2) The Defendant’s (i) agreement on the termination of the lease agreement between the Plaintiff and the Defendant on October 31, 2014, as well as on August 31, 2015.
The content-certified mail sent by the Plaintiff on September 30, 2015 reaches the Defendant on October 2, 2015 after September 30, 2015, which was one month prior to the expiration date of the lease agreement, and the rejection of renewal under the Commercial Building Lease Protection Act has no effect.