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1. Revocation of the first instance judgment.
2. The Defendants shall deliver to the Plaintiff the real estate indicated in the attached Form.
3...
Reasons
1. Basic facts
A. On June 11, 2018, the Plaintiff leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the Defendants, and entered into a lease agreement with the following terms (hereinafter “instant lease agreement”).
Article 1 (Purpose) In respect of the lease of the above real estate, the lessor and the lessee will pay by agreement the lease deposit and the rent as follows:
Deposit 30 million won down payment 10 million won
(i)be paid and received at the time of the contract;
Balance 20 million won
(C) pay in July 20, 2018.
The rent shall be 1.6 million won and the first day of each month.
Article 2 (Duration) The lessor shall deliver the above real estate to the lessee by August 1, 2018 in a condition that it can be used for the purpose of the lease, and the lease period shall be from the date of delivery to July 31, 2012 (36 months).
Article 6 (Cancellation of Contract) Before the lessee pays the intermediate payment (if there is no intermediate payment, the remainder), the lessor shall pay a double the down payment, and the lessee may waive the down payment and rescind the contract.
B. On June 11, 2018, the date of entering into the instant lease agreement, the Plaintiff paid the Defendants the remainder of KRW 20 million on July 9, 2018, respectively.
C. On July 16, 2018, the Defendants deposited the Plaintiff as the principal deposit and issued a certificate to the effect that the instant lease contract will be rescinded to the Plaintiff on the same day, including the sum of KRW 20 million and the remainder KRW 20 million, which is a part of the down payment that the Plaintiff received from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 4 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that he had commenced the performance of the contract of this case after the Plaintiff commenced the performance of the contract after he waived the payment of the remainder before the payment date of the remainder.