1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 1, 2007, the Plaintiff entered into a lease agreement with the Defendant on KRW 10,000,000 for the lease deposit, KRW 1,200,00 for the rent month, and KRW 24 months for the lease deposit (hereinafter “instant lease agreement”) with the Defendant, and paid KRW 10,000,000 for the Defendant.

B. The Korea Land and Housing Corporation shall expropriate the instant land around May 4, 2010, and completed the registration of transfer of ownership with respect to the instant land on May 6, 2010.

C. The Plaintiff continued to use and benefit from the instant land without paying rent to the Defendant from the time of expropriation of the instant land, and went out from the instant land around December 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was terminated by the Defendant’s loss of ownership of the instant land. Since the Plaintiff transferred the instant land to the Korea Land and Housing Corporation, a new owner of the instant land, the Defendant is obligated to refund KRW 10,000,000 as the lease deposit stipulated in the instant lease agreement to the Plaintiff.

3. Determination based on the premise, the lease is established when one of the parties agrees to allow the other party to use or make a profit from the object and the other party agrees to pay the rent for it (see Article 618 of the Civil Act). Even if the lessor has no right to lease ownership or any other right to lease the object, the lease is effective. However, if the lessee is unable to allow the lessee to use or make a profit from the object on the ground that the lessee is requested to return the object or to pay the rent or the equivalent amount of the rent, etc. from the owner of the object, the lessor’s obligation becomes impossible, and the lessee is due to the termination of the lease due to nonperformance.