1. The defendant shall receive from the plaintiff the parts stated in the annexed drawings of Suwon-si CD in Suwon-si.

Facts of recognition

On May 18, 2015, the Plaintiff entered into a lease agreement with the Defendant on the terms of leasing deposit amounting to KRW 90,000,000, and the term of lease up to July 23, 2017 (hereinafter “instant lease agreement”) with respect to the matters stated in the attached drawings (hereinafter “instant real estate”) in Suwon-si CD, Suwon-si, Suwon-si, and agreed to notify the Defendant of whether to renew the lease contract two months prior to the expiration date.

On May 24, 2017, the Plaintiff knew that the Defendant had no intent to extend the instant lease agreement.

[Grounds for recognition] According to the above fact-finding as to the grounds for claim as to Gap's evidence Nos. 1, 2, and 3 and the grounds for claim as a whole, since the lease contract of this case was terminated upon the expiration of its validity, the defendant is obligated to return the lease deposit amount of KRW 90,00,000 to the plaintiff.

The defendant's assertion asserts that since the registration of the right to lease on the instant real estate was not cancelled, the lease deposit cannot be refunded.

Since the lease registration under the provisions of Article 3-3 of the Housing Lease Protection Act has been made without returning the deposit even after the lease contract was already terminated, it is not interpreted that the lessor has the duty to return the lease deposit of the lessor, which was virtually delayed, and to cancel the lease registration, to preserve the lessee's right corresponding thereto. In particular, the above lease registration is a duty to return the lease deposit of the lessor prior to the lessee's duty to cancel the lease registration, in light of the fact that the lessor's duty to return the lease deposit is not an obligation to simultaneously perform the lease registration in order to preserve the lessee's right corresponding thereto.

(See Supreme Court Decision 2005Da4529 Decided June 9, 2005, etc.).