1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On February 1, 2013, the Plaintiff leased Gwangju Northern-gu B and 1206 (hereinafter “the instant building”) from the Defendant for the lease deposit of KRW 17 million, monthly rent of KRW 250,000,000 from February 1, 2013 to January 31, 2015 (hereinafter “instant lease agreement”), and thereafter, paid the Defendant the said lease deposit of KRW 17 million to the Defendant.

B. On April 17, 2015, after the expiration of the term of the instant lease agreement, the Plaintiff completed the lease registration with the Gwangju District Court No. 108286 on April 30, 2015, subject to the order of lease registration as to the instant building by the Gwangju District Court Decision 2015Kao14.

(hereinafter referred to as “instant lease registration”). (c)

On October 13, 2015, the Defendant returned KRW 17 million to the Plaintiff on October 13, 2015, which was following the pronouncement of the first instance judgment, and the instant lease registration was cancelled on the grounds of cancellation on the 14th day of the same month.

On the other hand, the Plaintiff resided in the instant building by April 2015, and paid to the Defendant all the rents up to that point.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant lease agreement was terminated on January 31, 2015, and the Plaintiff removed from the instant building on May 1, 2015. As such, the Defendant is obligated to pay the Plaintiff damages for delay from May 2, 2015, which were subsequent to the completion of the instant lease agreement.

B. The Plaintiff and the Defendant did not notify the Plaintiff of the refusal of renewal within one month prior to the expiration date of the instant lease agreement, and did not notify the Defendant that the instant lease agreement would not be renewed without any change in the terms and conditions of the contract. On October 13, 2015, the Defendant returned the deposit KRW 17 million to the Plaintiff.