1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 17, 2013, the Plaintiff entered into a lease agreement with the Defendant and Seodaemun-gu Seoul Metropolitan Government 102 (hereinafter “instant real estate”), with respect to deposit KRW 5 million, management expenses, KRW 50,000 per month, and the term of the lease from August 31, 2013 to August 30, 2014, and KRW 620,000 per month, and resided in the instant real estate upon delivery and renewal of the lease agreement (hereinafter “instant lease agreement”) until August 31, 2015.

B. On August 25, 2015, the Plaintiff notified the Defendant that he/she had no intention to renew the instant lease agreement, and delivered the instant real estate to the Defendant on September 1, 2015.

C. On December 14, 2015, the Defendant returned KRW 3,088,057 out of the lease deposit to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff should pay to the plaintiff the remainder of KRW 1,911,943, excluding the remainder of KRW 3,088,057, which was already returned out of KRW 5,000,000, as the lease contract of this case expired.

(1) As to a short-term lease contract with a high rate of monthly rent compared to deposit amount as in the instant lease agreement, not the Housing Lease Protection Act, but the Civil Act applies to the notice of termination at the time of absence of the term of lease. Thus, the instant lease agreement cannot be deemed to have been implicitly renewed. Even if an implied renewal is recognized, the Plaintiff asserts that the termination becomes effective upon the lapse of one month after the notification of termination by the Plaintiff, a lessee, pursuant to Article 635(2) of the Civil Act. Accordingly, the Defendant impliedly renewed the instant lease agreement and three months after the Plaintiff notified the termination of the contract.