A. On September 18, 2006, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on the condition that the portion of 9.173 square meters in the ship connected each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1 among the 1st floor of the building listed in the attached Table owned by the Plaintiff (hereinafter “instant building”) shall be KRW 20,000,000 for deposit money, and the lease period shall be from September 18, 2006 to September 17, 2008 for lease (hereinafter “the lease agreement”). Around that time, the Plaintiff delivered the instant building to the Defendant.

Since then, the instant lease agreement was concluded as KRW 600,00 per month on September 18, 2008, and was renewed on the same condition as the other conditions were renewed on September 18, 2010 and on September 18, 2012, respectively, and was renewed on September 18, 2014 as KRW 80,000 per month on September 18, 2014 and renewed on the same condition.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5, the purport of the whole pleadings

B. According to the facts found above, the instant lease agreement was terminated on September 17, 2016, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the money calculated by deducting the amount of unjust enrichment equivalent to the monthly rent of KRW 800,000 from the deposit amount of KRW 20,000 to the time when the Defendant delivers the instant building from September 18, 2016, and at the same time to deliver the instant building.

2. Judgment on the defendant's assertion

A. The summary of the claim is that the Defendant lawfully demanded the Plaintiff, a lessor, to renew the contract, as prescribed by the Commercial Building Lease Protection Act before the expiration of the term of the instant lease agreement (the Defendant concluded an agreement with the Plaintiff to waive the right to request the renewal of the contract, but the agreement to give up the right to request the renewal of the contract in advance is null and void as it violates the mandatory provisions prescribed by the Commercial Building Lease Protection Act) and the lessor.