A. On May 12, 2017, the Plaintiff: (a) leased the Guro-gu Seoul (hereinafter referred to as the “instant housing”) Dozho Lake E (hereinafter referred to as the “instant housing”) from the Defendant’s his/her his/her his/her husband’s wife on behalf of the Defendant for a fixed period of KRW 80,000,000; and (b) from July 8, 2017 to July 7, 2019, the Plaintiff received the instant housing on July 8, 2017.

B. On April 15, 2019, three months before the expiration of the lease term, the Plaintiff notified the Defendant’s agent C of the refusal to renew the contract.

C. The Plaintiff received KRW 8,00,000,000 from the Defendant on July 15, 2019, and KRW 32,000,000 on October 15, 2019 as the refund of deposit for lease.

On the other hand, the Plaintiff transferred the instant house to the Defendant on July 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4 and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the lease agreement entered into between the Plaintiff and the Defendant was terminated on July 7, 2019, and the Plaintiff’s duty to deliver the instant house was fulfilled on October 15, 2019.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,00,000 (=80,000,000 for lease deposit - KRW 8,000,000 on July 15, 2019 - KRW 32,00,000 on October 15, 2019) and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 23, 2019 to the date of delivery of the instant house, as sought by the Plaintiff, after the completion date of delivery of the instant house.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.