1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 8, 2012, the Plaintiff, along with C, purchased the instant building and its site from the Defendant in KRW 400,000,000 (per half each share): around 29th of the same month, the Plaintiff completed the registration of ownership transfer for each share of one half of the building and its site.

B. On October 29, 2012, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 20,000,000 for the instant building, the lease term from October 19, 2012 to October 28, 2014, and the rent amount of KRW 20,000 for the lease deposit was not paid. In lieu of the payment of the lease deposit, the Plaintiff paid the Defendant KRW 20,00,000 after deducting the lease deposit amount from the said purchase price.

C. From that point to that point, the Defendant occupied and used the instant building while residing in the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The summary of the argument 1) The Plaintiff agreed to use the instant building only for two years, instead of paying the difference upon the Defendant’s request by the Defendant at the time of the instant lease agreement. As such, the instant lease agreement was terminated upon the expiration of the period. 2) The Plaintiff notified the Defendant that the instant building will be delivered upon the expiration of the contract period prior to the expiration of the instant lease agreement. As such, the instant lease agreement was terminated on October 28, 2014.

3) Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff. (B) Article 6(1) of the Housing Lease Protection Act provides that “Where a lessee fails to notify the lessee of the refusal of renewal within six months to one month before the expiration of the lease term, or fails to notify the lessee of the refusal of renewal within one month before the expiration of the lease term, it shall be subject to the same condition as the lease before the expiration of the lease term.