1.The judgment of the first instance shall be modified as follows:

The defendant is against the plaintiff, Busan Shipping Daegu C ground.

1. Basic facts

A. On May 1, 2012, the Plaintiff entered into a lease agreement with D to lease for a fixed term of 30,000,000 won for lease deposit, and two years for lease (hereinafter “instant lease agreement”) with respect to reinforced concrete located on the ground of Busan metropolitan Daegu C, Busan, and multi-household 1 floor of 87.85 square meters for the second floor of the brick sloping roof (hereinafter “instant housing”).

B. While the Plaintiff was residing in the instant house, the Defendant purchased the instant house from D and completed the registration of ownership transfer on September 19, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff demanded the Defendant to terminate the instant lease agreement and return the lease deposit from November 6, 2016 to the Defendant from around April 11, 2017. Although the Defendant had already delivered the instant house to the Defendant on or around April 11, 2017, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 30,000,000 and the delay damages. 2) Since the Defendant’s assertion that the instant lease agreement was renewed several times after the expiration of the lease term, the final contract term is up to April 30, 2018.

Therefore, the Plaintiff cannot unilaterally terminate the instant lease agreement. Even if the instant lease agreement was terminated as alleged by the Plaintiff, the Plaintiff did not complete the transfer of the instant house to the Defendant, and thus, it cannot be deemed that only the Defendant unilaterally bears the obligation to return the lease deposit.

B. In full view of the evidence, evidence, evidence, and evidence Nos. 2 and 4 as seen earlier, it is reasonable to view that the instant lease agreement was terminated around November 7, 2016 according to the agreement between the Plaintiff and the Defendant.

Even if there is an agreement between the plaintiff and the defendant.