A. On October 11, 2012, the Defendant leased the building indicated in paragraph (1) of the order (hereinafter “instant building”) that is a residential unit to the Plaintiff by setting the lease deposit of KRW 40 million, the lease term from October 14, 2012 to October 13, 2013 (hereinafter “instant lease contract”). The instant lease contract was explicitly renewed on October 13, 2013 and October 13, 2015.

B. On August 18, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the said notification was delivered to the Defendant at that time.

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings

2. Article 6(2) of the Housing Lease Protection Act provides that the term of lease shall be two years in the case of Article 6(1) of the Housing Lease Protection Act to determine the Plaintiff’s claim. Thus, the lease agreement of this case, which was implicitly renewed on October 13, 2015, terminated on October 13, 2017, was terminated.

Article 6-2 of the Housing Lease Protection Act (Article 6-2 of the Housing Lease Protection Act, where a contract has been renewed pursuant to Article 6-1 (1), a lessee may notify at any time the lessor of the termination of the contract, notwithstanding paragraph (2) of the same Article (Article 6-2), and the termination under paragraph (1) shall take effect upon the expiration of three months from the date on which the lessor is notified of the termination (Article 6-2). Therefore, the termination on August 18, 2017 shall take effect after November 18, 2017, which is after the expiration of the lease contract of this case. Therefore, the defendant is obliged to pay the Plaintiff the lease deposit amount of KRW 40 million at the same time as the delivery of the building of this case from the Plaintiff.

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.