The defendant is handed over the real estate stated in the attached Form from the plaintiff, and the Changwon District Court is the original district court.

Facts of recognition

On July 28, 2016, the Plaintiff entered into a lease contract for lease on a deposit basis with the Defendant for lease on a deposit basis (hereinafter “the instant real estate”) at KRW 140 million, and the period from August 11, 2016 to August 10, 2018 (hereinafter “the lease contract”). The Plaintiff paid the Defendant the deposit amount of KRW 140 million for lease on a deposit basis. On August 11, 2016, the Plaintiff was handed over the instant real estate from the Defendant, and on the same day, registered for the establishment of lease on a deposit basis under the Changwon District Court Kim Jong-gu registry Office on August 11, 2016.

The Defendant did not notify the rejection prior to the expiration of the term of the lease contract of this case, and thus the lease contract of this case was implicitly renewed.

On March 3, 2020, the Plaintiff sent to the Defendant a certificate of content containing a declaration of intent to terminate the instant lease agreement, and reached the Defendant around that time.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 3, and the overall purport of the argument as to the plaintiff's ground for claim. The lease contract of this case is deemed to have re-established the right to lease on the same condition as the lease contract of this case at the expiration of the period, but the term of the right to lease on the deposit basis was terminated on September 2020 after six months have passed since the defendant was notified of the extinguishment of the right to lease on the deposit basis from the plaintiff (Article 312 (4) and Article 313 of the Civil Act). Accordingly, the defendant is obligated to receive the real estate of this case from the plaintiff and to pay the plaintiff KRW 140 million at the time of receiving the procedure for cancelling the registration of cancellation of the right to lease on the deposit basis, which was completed as of August 11, 2016 by the Changwon District Court Kim, the registry office in the Changwon District Court, and to pay the plaintiff KRW 74427 million.

The plaintiff's claim for conclusion is justified and accepted.