1. The Defendant’s delivery of the Category D of the C Building from the Plaintiff at the same time shall be KRW 70,000,000 to the Plaintiff.

The Plaintiff alleged that the Plaintiff’s assertion by the parties had leased the C Building D (hereinafter “instant house”) from the Defendant, and notified the Defendant that the Plaintiff did not have any intent to extend the contract before the expiration of the lease term.

Therefore, since the lease relationship between the Plaintiff and the Defendant terminated, the Defendant is obligated to return KRW 70,000,000 paid to the Plaintiff.

The defendant does not have been notified by the plaintiff that he would not renew the lease contract.

C. Since the above lease contract is implicitly renewed, it is impossible to respond to the plaintiff's claim for refund of deposit.

Facts of recognition

On December 20, 2017, the Plaintiff leased the instant house from the Defendant during the lease period of KRW 70,000,000, and the lease period of the instant house from January 16, 2018 to January 15, 2019.

The plaintiff paid KRW 70,000,000 to the defendant around that time, and received the above house.

Since then, an agreement was reached between the Plaintiff and the Defendant to extend the term of lease to January 15, 2020.

On October 2019, the Plaintiff notified the Defendant that he did not intend to extend the lease contract.

[Ground of recognition] According to the above-mentioned facts, the above-mentioned lease contract was terminated on January 15, 2020, and thus, the defendant is obligated to return the lease deposit amount of KRW 70,000,000 to the plaintiff, barring special circumstances.

Accordingly, the defendant asserts that the above lease contract was implicitly renewed since it was not notified by the plaintiff of the refusal to renew the lease contract.

However, in full view of the contents and images of evidence A Nos. 1 through 4, it is sufficiently recognized that the Plaintiff notified that the lease contract will not be renewed at the end of October 2019.

Even if the plaintiff did not notify the plaintiff of the rejection of renewal at the end of October 2019.