1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 17, 2010, the Plaintiff leased the instant real estate to the Defendant with the lease deposit of KRW 115,000,000, and the lease period from December 17, 2010 to December 27, 2013.

(hereinafter “instant lease agreement”). The Defendant is residing in the instant real estate since the date of conclusion of the instant lease agreement until now.

B. Around December 16, 2013, around December 19, 2013, around December 19, 2013, and around December 9, 2015, the Plaintiff sent to the Defendant content-certified mail demanding the termination and eviction of each of the instant lease agreements.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was terminated by the expiration date, and the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay unjust enrichment (25,000 won per month) due to possession after the expiration date.

B. The Housing Lease Protection Act (the Housing Lease Protection Act) provides special exceptions to the Civil Act concerning the lease of a residential building shall apply to the instant lease agreement that covers the instant real estate, which is an object of judgment.

However, Article 6 of the Housing Lease Protection Act provides that if a lessor fails to notify the lessee of the refusal of the renewal, or to notify the lessee that he/she would not renew the contract without changing the condition, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the lease expires (Paragraph 1), and the term of the lease in this case shall be two years (Paragraph 2): Provided, That the foregoing implied renewal shall not apply to a lessee who clearly violates his/her obligations as a lessee (Paragraph 3).

As to the instant case, the Plaintiff was from one month to six months before the termination of the instant lease agreement.