1. From April 15, 2014 to September 16, 2015, the defendant among the judgment of the court of first instance, the amount of KRW 3,860,274 to the plaintiff.

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Nos. 1 and 2, the Plaintiff entered into a lease agreement with the Defendant on May 4, 2010, setting the lease deposit to the Defendant from May 4, 201, with the period of KRW 4,000,000, monthly rent of KRW 170,00 (monthly 21 on the payment date), and from May 4, 2010 to May 20, 2012 (hereinafter “instant lease”). The instant lease agreement is explicitly renewed until October 2013, the Plaintiff agreed to terminate the instant lease agreement to the Defendant and concluded the lease agreement with the Defendant on December 14, 2013, and concluded the lease agreement with the lessee on December 14, 2015, and concluded the lease agreement with the new lessee on December 14, 2014.

In light of the following circumstances: (a) the Plaintiff, a lessee, may notify at any time of the termination of a renewed lease agreement; (b) the effect of the termination takes effect after three months from the date of receipt of the notification (Article 6-2 of the Housing Lease Protection Act); and (c) the Defendant entered into a lease agreement with a new lessee on the instant building after three months lapse from the date of receipt of the notification by the Plaintiff; and (d) it is reasonable to deem that the instant lease agreement was implicitly agreed upon between the Plaintiff and the Defendant around January 15, 2014 occupied by the new lessee.

Therefore, the Defendant, a lessor, is obligated to refund the lease deposit to the Plaintiff, a lessee, barring special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant alleged that the Plaintiff should deduct KRW 1,050,000 from the above deposit the charge of the lapsing and replacing the lapsing of the instant building destroyed by the Plaintiff, and the unpaid management fee of KRW 120,00,00, but only the descriptions of the evidence Nos. 1 and 2 are written.