1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a representative meeting of occupants comprised of representatives from each building A apartment located in Daegu-gu C.

B. On March 31, 2012, the Plaintiff leased to the Defendant a building listed in the attached Table (hereinafter “instant building”) which is an annex building in an apartment complex, at KRW 2 million as the lease deposit, from April 1, 2012 to March 31, 2014 during the lease period, the Plaintiff set the lease as KRW 350,000 per month.

(hereinafter “instant lease agreement”). The Defendant received delivery of the instant building from around that time, and operated a reading room at the same time.

C. After the expiration of the lease term, the instant lease contract was renewed under the same conditions as before, and the Defendant did not delay the rent of KRW 2,450,000 from September 2014 to March 31, 2015.

As the instant complaint, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent.

The duplicate of the instant complaint was served on April 13, 2015 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was explicitly renewed due to the Plaintiff’s failure to raise an objection within a reasonable period of time, but thereafter, it was lawfully terminated on April 13, 2015 pursuant to Article 640 of the Civil Act on the ground of the Defendant’s delay of rent.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff for restitution, and pay the Plaintiff the remainder of 4.5 million won after deducting the lease deposit of 2.5 million won from the overdue rent of 2.4 million won and the amount of unjust enrichment equivalent to 3.5 million won per month from April 1, 2015 to the completion date of delivery of the instant building.

3. Judgment on the defendant's assertion

A. The defendant extended the term of the lease agreement.