1. The plaintiff's claim is dismissed.

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

1. On August 3, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease a building on the attached list owned by the Plaintiff (hereinafter “instant apartment”) with a deposit of KRW 60 million, monthly rent of KRW 300,00,000, monthly rent of KRW 3000,000, and the period from September 17, 201 to September 16, 2013 (hereinafter “instant lease agreement”), and delivered the instant building to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion argues that the Plaintiff is obligated to deliver the instant apartment to the Plaintiff, since the Plaintiff notified the Plaintiff of his intention to extend the contract term for one year prior to the expiration date of the instant lease agreement and accepted it by the Defendant, and accordingly the instant lease agreement was terminated on September 16, 2014.

As to this, the Defendant asserts that the term of the contract of this case was extended only one year, and that the time when the Defendant notified of whether to renew the contract was renewed on or around September 16, 2013, the instant lease contract was implicitly renewed on or around September 16, 2013, and accordingly, the Defendant has the right to reside in the instant apartment by September 16, 2015.

B. The evidence presented by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion that the Plaintiff and the Defendant agreed to extend the instant lease agreement for a period of one year after the expiration of the lease agreement, and there is no other evidence to acknowledge it.

On the other hand, we examine whether the instant lease contract is implicitly renewed.

Article 6 (1) of the Housing Lease Protection Act (hereinafter referred to as the "Act") does not notify the lessee of the refusal of the renewal within the period from six months to one month before the expiration of the lease term, or notify the lessee that the renewal shall not be renewed if the terms and conditions of the contract are not changed.