1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

On November 25, 2014, the Plaintiff leased the rent of KRW 3,40,000 per month (hereinafter “instant lease agreement”) from among the public notice members of “C” located in Yangcheon-gu Seoul Metropolitan Government D, which he/she operated to the Defendant on November 25, 2014, without setting the deposit and the period of time (hereinafter “instant studio”) may be recognized by each entry in the evidence Nos. 1 and 2.

The Housing Lease Protection Act is not applicable to the lease for temporary use (Article 11 of the Housing Lease Protection Act). The plaintiff can notify at any time the termination of the lease contract of this case for which no agreement for the term of lease is made pursuant to Article 635(1) of the Civil Act. The termination becomes effective when six months have elapsed from the date the defendant is notified of the termination.

(Article 635(2) of the Civil Act. Since it is apparent in the record that the duplicate of the complaint of this case, including an expression of intent to terminate the lease contract of this case, was served on the Defendant on September 8, 2015, the lease contract of this case was terminated after the lapse of March 8, 2016, which is six months thereafter.

Therefore, the defendant is obligated to deliver the room of this case to the plaintiff.

In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance orders the defendant to deliver studio of this case by setting a time limit not immediately to the defendant, so it is unfair within the scope. However, in this case where only the defendant appealed, the judgment of the court of first instance cannot be changed disadvantageously to the defendant who is the appellant. Thus, the defendant's appeal shall be dismissed.

However, the declaration of provisional execution is not subject to Article 415 of the Civil Procedure Act, which is based on the principle of disposal authority, as the court determines ex officio, regardless of the existence of the party's request.