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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.
Reasons
1. Determination as to the cause of claim
A. Basic facts (1) On March 18, 2013, the Plaintiff leased (hereinafter “instant lease”) a deposit of 330,000,000 won to the Defendant, Gangnam-gu Seoul Metropolitan Government C Apartment 501, 204 (hereinafter “instant apartment”) up to May 12, 2015 (hereinafter “instant apartment”).
(2) On March 24, 2015, the Plaintiff, as of May 12, 2015, terminated upon the expiration of the lease term of this case, was scheduled to raise the deposit to KRW 700,000 instead of fully repaying the loan of the instant apartment, and notified the Plaintiff of whether the Defendant would continue to lease the said apartment until March 31, 2015.
(3) The Defendant responded to the waiver of the instant contract, but accepted the proposal again by lowering the deposit amount of KRW 550,000,000, and decided to extend the lease of this case on April 11, 2015.
However, the Plaintiff changed the condition that the deposit immediately before the formation of the lease contract for the rescission of the contract would not cancel the first priority mortgage of KRW 288,000,000 with the maximum debt amount set forth in the apartment of this case.
(4) Ultimately, the Defendant renounced the instant lease agreement, and on July 20, 2015, the Plaintiff agreed to register the remainder payment of KRW 120,000,000 with the remainder payment of KRW 550,000,000, and the lease term until July 30, 2017, when the Plaintiff leased the instant apartment to another person on July 20, 2015, the Plaintiff and the new lessee were to immediately pay the remainder payment of KRW 120,000 from the new lessee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
B. The summary of the Plaintiff’s assertion (1) on April 11, 2015, the Defendant re-contracts with the Plaintiff at KRW 550,000,000 with the deposit money of the instant apartment as KRW 550,000,000, and concluded a contract by May 12, 2015.