beta
Text
1. The Defendant received KRW 300,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:
(a) the buildings listed in the annex;
Reasons
1. On September 25, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 300 million and the period from November 17, 2012 to October 15, 2015 with respect to the attached building (hereinafter “instant building”). The Plaintiff received all the deposit money from the Defendant. The Plaintiff delivered the instant building to the Defendant, and completed the registration of creation of chonsegwon (hereinafter “registration of creation of chonsegwon”) on the ground of the instant lease agreement.
2. The assertion and judgment
A. The plaintiff asserted that the plaintiff expressed his/her intention to refuse the renewal of the instant lease contract orally to the defendant around August 2015, and also expressed his/her intention to refuse renewal even through employees of the licensed real estate agent office who arranged the instant lease contract one month prior to the expiration of the period. Since the instant lease contract was terminated on October 15, 2015, the defendant asserts that as the period was terminated on October 15, 2015, the defendant is obliged to return deposit KRW 300 million and deliver the instant building at the same time, and to cancel the registration of the establishment of the instant lease right.
In this regard, the defendant did not express his/her intention of refusal to renew all contracts by face-to-face, telephone, mail, etc. until October 15, 2015, the expiration date of the contract. At the defendant's request, the employee of the licensed real estate agent's office that has mediated the lease contract of this case and telephone conversations with the plaintiff. The employee refused the currency itself with the employee of the broker's office after the telephone call and decided to confirm his/her position later without the intention of renewal. Accordingly, the plaintiff requested delivery to the effect that the contract of this case was not renewed on April 19, 2016. The plaintiff asserted that the lease of this case was implicitly renewed on October 15, 2015.
B. The written evidence No. 2 and the witness C.