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) on January 21, 2003, the Plaintiff leased approximately KRW 40,000 of the three-story housing units (hereinafter “instant leased”) from the Defendant, among the buildings located in Cheongju-si (hereinafter “instant building”) in Cheongju-si (hereinafter “instant building”) by setting the lease deposit amount of KRW 60,00,000, and the lease term of January 21, 2005.

(hereinafter “instant lease agreement”). Meanwhile, the Plaintiff’s husband D separately leased part of the three floors of the instant building from the Defendant and operated an oriental medicine bank.

② On November 2015, the Plaintiff notified the Defendant of the refund of the deposit for lease, and the Defendant received the notification at that time.

Meanwhile, around December 2015, the Plaintiff delivered the instant leased part to the Defendant.

③ From January 29, 2003, the Defendant was running a real estate rental business.

【Ground for Recognition: Fact that there is no dispute or no clear dispute, Gap evidence 1 through 4, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff set the monthly rent of KRW 400,000 at the time of the initial lease agreement, the Plaintiff demanded the Defendant to return the lease deposit around January 2005, which was around the expiration of the lease term.

Therefore, since the defendant's dwelling without payment of rent, the lease contract was changed from the end of January 2005 to the lease contract without monthly rent after the expiration of the first lease term.

Since the Plaintiff expressed his/her intent to terminate the lease agreement at the end of November 2015, the Defendant should return the lease deposit amount of KRW 60 million to the Plaintiff.

B. The Defendant’s instant lease contract determined the monthly rent of KRW 400,000 as KRW 60,000 and KRW 50,000 for monthly management expenses.

The Plaintiff paid monthly rent and management expenses only during the initial lease term, and did not fully pay the rent from February 21, 2005 until April 8, 2016 when the instant lease contract was renewed from February 21, 2005.

The rent in arrears is due to the lease deposit.