A. On January 21, 2009, the Plaintiff leased the instant house to the Defendant as of March 4, 201 by setting the deposit amount of KRW 20,000,000, the rent of KRW 600,000 (payment on March 5, 200), and the period from March 5, 2009 to March 4, 201.

B. From March 5, 2013, the Defendant paid KRW 800,000 per month to the Plaintiff as rent.

C. On November 15, 2017, the Plaintiff returned KRW 7,500,000 to the Defendant at the Defendant’s request for a loan.

The defendant does not pay rent from November 5, 2017.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 8, the purport of the whole pleadings

2. Judgment on the issue

A. The Plaintiff asserts that the rent increase was increased by KRW 800,00,000 from March 5, 2013, and that the Defendant did not agree to the rent increase, and that the amount exceeding 1/20,000 of the agreed rent should be returned in accordance with Article 7 of the Housing Lease Protection Act and Article 8 of the Enforcement Decree of the same Act.

The provisions of the Housing Lease Protection Act shall apply only to cases where one of the parties requests an increase or decrease in the rent, etc. agreed upon during the continuation of a lease agreement, and the same shall not apply to cases where a lease is renewed after the termination of a lease agreement, or where the rent, etc. has been increased by agreement between the parties even before the termination of a lease agreement (see, e.g., Supreme Court Decision 2002Da23482, Jun. 28, 2002). According to the aforementioned factual relations, the Defendant paid KRW 80,000, which is from March 5, 2013 to the second renewal of the lease agreement, and two times after the renewal of the lease agreement, it appears that the rent has been increased by agreement between the parties.

The defendant's assertion is without merit.

B. On May 30, 2018, the instant lease contract was terminated on the following grounds: (a) the Plaintiff expressed his/her intention to terminate the lease on the grounds of the delinquency of rent for at least two years; and (b) the duplicate of the instant complaint was served on the Defendant.

Therefore, barring any special circumstance, the Defendant shall be the Plaintiff’s housing.