1. The defendant's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3. The appeal costs.

1. Facts of recognition;

A. On January 13, 2007, the Plaintiff and the Defendant entered into a lease agreement with the second floor of the housing located in Jindo-gu Seoul Special Metropolitan City (hereinafter “instant housing”) with respect to the lease deposit amounting to KRW 25,000,000, monthly rent of KRW 100,000 (payment on June of each month), and 24 months from the delivery date of the lease term real estate (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 25,00,000 to the Defendant under the instant lease agreement, and received the instant house from the Defendant on February 6, 2007.

C. Around 2013, a decision of compulsory commencement of the instant housing was rendered, and the Plaintiff did not pay monthly taxes to the Defendant from October 2013.

Upon the withdrawal of a request for auction regarding the instant housing in around 2015, the Plaintiff requested the Defendant to terminate the lease agreement and return the deposit several times, and on October 25, 2016, the Plaintiff completed the lease registration on the instant housing on November 1, 2016 and removed the instant housing on the same day after completing the lease registration.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Determination

A. According to the facts found prior to the claim for the return of lease deposit, the instant lease agreement expired on February 5, 2009, but it was implicitly renewed pursuant to Article 6(1) of the former Housing Lease Protection Act (amended by Act No. 9653, May 8, 2009), and the term of the lease is two years pursuant to Article 6(2) and Article 4(1) of the same Act (see Supreme Court Decisions 91Da25017, Jan. 17, 1992; 2010Da59660, Jan. 27, 2012). Accordingly, the term of the instant lease agreement expired on February 5, 201, but has been renewed pursuant to Article 6(1) and (2) of the Housing Lease Protection Act, which is the expiration date, and has been renewed on February 5, 2013.