계약금반환 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On January 11, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the amount of KRW 60,000,000 per deposit, monthly rent of KRW 60,000,000 per month, and the period from February 28, 2017 to 60 months with respect to the land owned by the Defendant (hereinafter “instant land”). As a special agreement, the Defendant agreed to actively cooperate with the Plaintiff in the progress of the authorization and permission for the Plaintiff’s automobile-related facilities.
B. On January 10, 2017, the Plaintiff paid the Defendant KRW 3,000,000,000, and KRW 6,000,000, in total, as the down payment under the instant lease agreement.
C. On January 10, 2017, the Plaintiff entered into a construction contract with D and the construction cost of KRW 215,116,000 for the construction of the Sejong Vice General on the instant land, and paid KRW 10,000,000 to D on January 18, 2017.
On the ground of the instant land, a fence was installed over 329.6 square meters of a warehouse building. However, the Plaintiff and the Defendant concluded the instant lease agreement with the knowledge that the entire land within the said fence was included in the instant land.
However, as a result of the land survey on February 8, 2017, part of the land located within the fence was found to be the FF road 76 square meters owned by E (hereinafter “the adjoining land of this case”).
E. The Plaintiff did not pay KRW 54,00,000 to the Defendant for the following reasons: (a) purchased the adjoining land of this case and leased it to the Plaintiff; or (b) demanded the Plaintiff to obtain the consent to use the land from the owner of the adjoining land of this case for the implementation
On April 10, 2017, the Defendant notified the Plaintiff of the termination of the instant lease agreement and the forfeiture of the down payment on the ground that the Plaintiff failed to perform his/her obligation to pay the deposit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 12 (including provisional number), the purport of the whole pleadings
2. The Plaintiff’s assertion is the only land adjacent to this case’s land to be credited to the public interest.