A. On October 15, 2007, the Plaintiff entered into a commercial lease agreement with the Defendant and the Plaintiff, setting the rental deposit amount of KRW 20,00,000, monthly rent of KRW 1,000 (However, 10% increase after October 15, 2009), and the rental term of KRW 24 months, which is set forth in the attached Table No. 2, 3,7,6, and 24 months.

B. On October 8, 2012, the Plaintiff sent to the Defendant a certificate of content verifying the content of the instant real estate on the ground of the expiration of the contract term on October 15, 2012.

C. Since October 15, 2007, the Defendant continued to use and benefit from the instant real estate from the date of closing argument, and paid KRW 1,000,000 per month for the remainder of the two months excluding the portion for the remaining two months as rent or rent-related unjust enrichment, and the Defendant occupied the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. As to the cause of the claim, the Plaintiff asserted that the contract period was terminated on October 15, 2012 against the Defendant, and thus, the Plaintiff is obligated to surrender the instant real estate to the Defendant. Therefore, it is reasonable to deem that the instant lease contract was terminated at the time of that termination, on the ground that the Plaintiff sent to the Defendant a certificate of content demanding the name of the building on November 8, 2012 after five years from the initial contract period of the instant lease contract, as seen earlier. Therefore, the Plaintiff’s above assertion is reasonable.

B. The defendant's defense asserts that the defendant has the duty to order the plaintiff to return the lease deposit and the real estate of this case at the same time. Thus, the tenant's duty to deliver the leased object and the lessor's duty to deliver the leased object when the lease contract term expires until the lease is delivered, such as overdue rent, etc.