1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

On August 5, 2015, the Plaintiff: (a) leased C building D and E (hereinafter “instant housing”) from the Defendant on August 5, 2015; (b) decided on August 5, 2015 to August 4, 2017; (c) decided to lease the lease deposit amount of KRW 90 million after the lease term expires; and (d) agreed to increase the lease deposit amount of KRW 90 million; (b) the Plaintiff expressed his/her intent to terminate the lease contract to the Defendant on February 25, 2019; and (c) accordingly, (d) asserted that the lease contract was lawfully terminated on May 25, 2019, and sought refund of KRW 90 million against the Defendant.

Judgment

Therefore, on August 5, 2015, the Plaintiff and the Defendant: (a) whether the instant housing lease was concluded; (b) whether the said lease was explicitly renewed; (c) there is no evidence to acknowledge the fact that the said lease was concluded and the said lease was implicitly renewed on or around 2017; and (d) rather, according to the description in B B-2, it is recognized that the Plaintiff’s wife and the Defendant entered into a lease agreement with the Defendant on June 14, 2018, setting the lease deposit amount of KRW 90 million and the lease term of the instant housing from the Defendant for a period of 60 months from June 14, 2018 to June 13, 2023.

Therefore, since the lessee of the above lease agreement is F, not the Plaintiff, but the Plaintiff’s wife, the Plaintiff cannot claim the return of the lease deposit against the Defendant, and even if the Plaintiff expressed his/her intent to terminate the lease agreement on February 25, 2019, it is invalid as the declaration of intention of termination.

In addition, the above lease contract is not implicitly renewed, but it is a new lease contract with the contents of the lease deposit and the lease term.