Kernrechtsfrage
Whether the termination of the commercial lease was abusive under Art. 271 OR
Extrahierter Entscheid
The termination was not abusive because the proven motive of strategic redevelopment and repositioning of the shopping center constituted a legitimate business interest; the court did not need to examine the allegedly pretextual construction reason further.
Extrahierte Begründung
In a termination challenge, the real motives control; if one stated ground is factually supported and not abusive, the notice stands. The appellant failed to show that the strategic redevelopment motive was pretextual.