A. On February 26, 2016, the Plaintiff entered into a lease contract with the Defendants on a fixed basis as to the lease deposit amount of KRW 140,00,000,000 from March 28, 2016 to March 27, 2018, with respect to the lease deposit of KRW 14,40,000,000,000,000 for the lease deposit of KRW 14,40,000,000,000,000 for the intermediate payment of KRW 3,000,000,000,000 for the lease deposit of KRW 113,00,000,000,000,000,000, which are owned by the Defendants, as a special agreement, to receive the full amount of the lease deposit of KRW 113,20,000,00,00 from March 28, 2016.

(hereinafter “instant lease contract”). (b)

The Plaintiff paid the Defendants KRW 1,00,000 as the provisional contract amount on February 26, 2016, and KRW 9,000,000 as the remainder down payment on March 3, 2016, and KRW 30,000 as the intermediate payment on March 11, 2016.

After that, the Plaintiff and the Defendants changed the remainder of the lease deposit of this case into April 15, 2016.

C. On April 28, 2016, the Defendants sent to the Plaintiff a certificate of content verifying that the Plaintiff would cancel the instant lease agreement on the ground that the Plaintiff did not perform the obligation to pay the remainder after the lapse of April 15, 2016, which was the remainder payment date that the Plaintiff changed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, Eul evidence 2-1, 2-2, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff provided the Defendants with the obligation to pay the remainder on April 15, 2016, the Defendants refused to perform the contract while refusing to perform the obligation to deliver the instant housing, and the instant lease contract was rescinded due to the Defendants’ nonperformance, so the Defendants were to have paid down payment and intermediate payment KRW 40 million to the Plaintiff.