A. On February 15, 2013, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the Songpa-gu Seoul Metropolitan Government 11 Dong 112 (hereinafter “instant apartment”) owned by the Defendant, setting the lease deposit of KRW 35 million, KRW 1.2 million per month, KRW 1.2 million per month, and the lease term from February 25, 2013 to February 24, 2015 (hereinafter “instant lease agreement”).

B. Since March 2, 2013, the Plaintiff, a lessee, began to possess and use the instant apartment from March 2, 2013, and notified the Defendant that he did not wish to renew the instant lease agreement around December 2014, which is before the expiration of the lease term.

Therefore, although the Defendant was granted the instant apartment at the real estate brokerage office as monthly rent, the Plaintiff did not seek a new lessee. On February 5, 2015, the Plaintiff transferred the instant apartment from the instant apartment to the Jeju, and completed the move-in report on the Jeju, but the lessor was unable to seek a new lessee, resulting in the Plaintiff’s failure to receive the deposit for lease.

C. Ultimately, around January 20, 2016, the Plaintiff sent to the Defendant a textbook stating that the Plaintiff may prepare and request a security deposit for the lease of the subject-matter within 10 days, but received a reply from the Defendant to the effect that the Plaintiff cannot pay the security deposit for lease until the new lessee becomes a party to a dispute. Ultimately, on January 30, 2016, the Plaintiff sent the key to the Defendant via the D Licensed Real Estate Agent Office while leaving the instant apartment with his family.

The plaintiff resided in the apartment of this case, and paid the defendant a total of KRW 25,633,00,000, and paid a total of KRW 67,000 of the public charges of the former lessee with the consent of the defendant.

[Grounds for recognition] Partial disputes, Gap 1-4, 6, Eul 1, 4-6, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts, the instant lease agreement is concluded to the Defendant before the expiration of the period of validity of the Plaintiff.