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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 5, 2011, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the lease of 188.82 square meters of the Dongjak-gu Seoul Metropolitan Government 3rd floor (hereinafter “instant real estate”) from November 4, 2011 to November 4, 2013. Upon renewal of the said lease agreement on October 1, 2014, the term of the lease was set from November 4, 2013 to November 4, 2017, with the renewal of the said lease agreement on November 3, 2018, the Plaintiff set the lease term as KRW 70 million from November 4, 2013 to November 3, 2017.
B. On October 2, 2019, the Defendant sent a text message demanding the Plaintiff to renew the above lease agreement, and the Plaintiff received it.
[Ground for Recognition: Facts without dispute, Gap evidence 1-1-3, Gap evidence 5-2, the purport of whole pleadings]
2. Determination
A. The plaintiff asserted by the parties, since the defendant did not request the renewal of the above lease contract between six months and one month before the expiration of the above lease term, and the plaintiff notified the defendant of his refusal to renew the lease period, the above lease term expired on November 3, 2019. Therefore, the defendant asserted that the plaintiff should return the lease deposit from the plaintiff and deliver the real estate of this case to the plaintiff simultaneously with the repayment of the lease deposit. Accordingly, the defendant asserted that the above lease contract should be renewed by November 3, 2021 upon the defendant's request for the renewal of the contract, and thus, the plaintiff's claim is unjust.
B. Article 10(1) of the Commercial Building Lease Protection Act provides that "a tenant shall not refuse a request for renewal of a contract between six months and one month before the expiration of the lease term without justifiable grounds," and Article 10(3) of the same Act provides that "a renewed lease shall be deemed to have been renewed under the same conditions as the former lease." Thus, the defendant has more than six months prior to the expiration of the lease term.