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Commercial Building Lease Protection Act — Article 10 (Request for contract renewal)

상가건물 임대차보호법 제10조

(1) Where a lessee requests for renewal of a contract between six months and one month before the expiration of period of lease, a lessor shall not refuse it without justifiable grounds; provided, in cases falling under any of the following subparagraphs, this shall not apply: <Amended on Aug. 13, 2013>

1. Where such lessee has fallen into arrears totaling three rent periods;

2. Where such lessee has entered lease by deceit or other fraudulent means;

3. Where such lessor has provided such lessee with substantial compensation by mutual consent;

4. Where such lessee has subleased all or part of the leased building without the consent of such lessor;

5. Where such lessee has destroyed all or part of the building intentionally or by gross negligence;

6. Where the purpose of lease is frustrated because all or part of a leasehold building has been severely damaged;

7. Where such lessor needs to recover possession of the building in order to demolish or reconstruct all or part of the building for any of the following grounds:a. Where, at the time of entering into the lease contract, such lessor notifies such lessee of a plan for demolition or rebuilding specifically stating the time and period of construction, etc., and complies with the plan;b. Where there are safety hazards due to decrepitude, damage, partial destruction, etc. of the building;c. Where there has been demolition or rebuilding pursuant to other statutes or regulations;

8. Where such lessee has substantially violated the responsibilities of lessee or grave reasons for which the continuation of lease is difficult exist.

(2) Lessee's right to request renewal of the contract may be exercised within the extent that the whole period of lease including the period of initial lease does not exceed 10 years. <Amended on Oct. 16, 2018>

(3) A renewed lease shall be deemed to have been renewed under the same conditions as those of the former lease; provided, rent and security deposit may be increased or decreased within the extent under Article 11.

(4) Where a lessor has failed to notify a lessee of a denial to renew or modify conditions within the period under paragraph (1), lease under the same conditions as those of previous lease shall be deemed to have been made when such period expires. In such cases, the period during which such lease continues to exist shall be deemed one year. <Amended on May 8, 2009>

(5) A lessee may notify a lessor of the cancellation of contract at any time in cases of paragraph (4), and it shall become effective three months after the date such lessor is notified of such fact.[This Article Wholly Amended on Jan. 30, 2009]

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