The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

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1. Basic facts

A. On April 8, 2008, C leased from the Defendant the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and one of the above above-ground buildings as “100,000,000,000,000 won per lease deposit,” and paid the Defendant KRW 100,000,000 on the same day.

In addition, C, on the same day, leased the real estate listed in Section 4 of the [Attachment 2] List from the Defendant (hereinafter “instant land”) as “6,000,000 won per annum without lease deposit.”

B. C extended one building on the ground of the instant land No. 1 to real estate listed in attached Table No. 3 (hereinafter “instant E-Dong building”) and obtained approval for use on October 23, 2008.

Since then, on May 26, 2010, the Defendant completed registration of preservation of ownership of the E-dong building of this case.

C. On May 29, 2015, C established a Plaintiff, a corporation for the purpose of waste treatment and transportation business, etc.

On July 6, 2015, the Plaintiff leased each of the instant land and the instant E-dong buildings between the Defendant and April 7, 2017, with the term of lease “10,000,000,000,000,000 per annum,” and the said lease deposit was replaced by KRW 100,000,000 that C paid to the Defendant around April 2008.

After April 7, 2017, the Plaintiff returned each of the instant land and the instant E-Dong building to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 9 evidence, Eul 5 evidence (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts as to the cause of the claim, it is reasonable to view that the lease contract for each of the instant land and the instant building concluded between the Plaintiff and the Defendant was terminated due to the expiration of the lease term. Thus, barring any special circumstance, the Defendant shall refund the Plaintiff the lease deposit amount of KRW 100,000,000 and the delay damages.

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