2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On March 30, 2008, the Plaintiff entered into a lease contract between the Defendant and the Defendant for the lease deposit amounting to KRW 120 million and the lease deposit amount from May 2, 2008 to May 2, 2010 with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”). The Plaintiff received from the Defendant the remainder payment of KRW 12 million on the date of the contract, and the remainder of KRW 18 million on May 2, 2008.

B. On May 2, 2008, the Plaintiff delivered the above real estate to the Defendant, and the said lease contract was renewed, and on May 2, 2012, the Plaintiff entered into a lease agreement with the Defendant with a view to increasing the lease deposit by KRW 50 million and KRW 170 million, and the lease term until May 2, 2014.

C. On October 28, 2014, the Plaintiff sent from around December 28, 2013, to the Defendant a certificate of content that the Plaintiff notified the Defendant of the delivery of the above apartment at the time of the termination of the lease term as the Plaintiff would have occupied or anticipated to sell the apartment in the instant apartment, and that the said apartment should be delivered once again.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff is obligated to deliver the instant apartment to the Plaintiff since September 2013, since it clearly expresses that the Defendant would sell the instant apartment from around September 2013 to the Defendant and the Plaintiff had no intent to renew the said apartment contract. As such, the instant lease agreement was terminated on May 2, 2014, and the Defendant is obligated to deliver the instant apartment to the Plaintiff.

On the other hand, the defendant, around December 2013, tried to sell the apartment of this case by the plaintiff, and only received a request from the plaintiff to cancel the fixed date, and there is no notification of the rejection of renewal of the above lease contract.

B. We examine the judgment, the facts acknowledged earlier, together with the overall purport of Gap evidence Nos. 4 and 5, and the following.