1. The Defendant’s KRW 75,00,000 as well as 5% per annum from October 5, 2016 to October 31, 2017 to the Plaintiff.

Facts of recognition

On April 27, 2013, the Plaintiff leased Daejeon-gu, Seo-gu, Daejeon (hereinafter referred to as “instant housing”) from the Defendant with a fixed deposit of KRW 75 million from June 7, 2013 to June 6, 2015 (hereinafter referred to as “instant lease contract”); and on June 7, 2013, the Plaintiff completely paid the deposit and resided therein, and received delivery of the instant housing.

Although the term of lease expires on June 6, 2015, the Plaintiff continued to reside in the instant house without any specific notice, and the Defendant did not notify the Plaintiff of the renewal of the contract before and after the expiration of the term of lease.

On April 22, 2016, the Plaintiff sent text messages to the Defendant on the wall of the instant house because water leakages occurred on the wall of the instant house.

However, on July 4, 2016, the Defendant sent a text message to the Defendant, stating that “On August 4, 2016, the Plaintiff was unable to resolve the leakage of the wall by all means, and thus, the Plaintiff sent a text message to the Defendant that “on the beginning of August 2016, the Plaintiff would return the bond by no later than the time.”

On August 3, 2016, the Plaintiff was a director of the current domicile.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings are determined. According to the above fact-finding, the defendant did not notify the plaintiff of the rejection of renewal or renewal without changing the terms and conditions of the contract within the period from six months to one month before the term of the lease expires. Thus, the lease contract of this case was implicitly renewed on June 6, 2015, which is the expiration date of the term of the lease pursuant to Article 6(1) of the Housing Lease Protection Act.

However, if the house lease contract is implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time, and the termination of the contract becomes effective when three months have elapsed from the date when the lessor received such notification (Article 6-2 of the Housing Lease Protection Act), and the above recognition.