1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. C leased a building on the D’s ground (hereinafter “instant building”) from the Defendant and operated “E” (hereinafter “E”). On January 21, 2017, C concluded a premium agreement with the Plaintiff (hereinafter “instant premium agreement”) with the Plaintiff regarding the premium amounting to KRW 47,000,000 for the premium amounting to KRW 47,00,00,000 for the value of tangible and intangible property property value.

B. On January 21, 2017, the Plaintiff entered into a lease agreement with the Defendant and F to lease the instant building with a deposit of KRW 50,00,000,000, and the contract term from February 15, 2017 to February 14, 2020 (hereinafter “instant lease agreement”), and paid the Defendant the down payment of KRW 5,00,000,000.

The provisions concerning the cancellation of the instant lease agreement are as follows.

Article 6 (Cancellation of Contract) Before the lessee pays the intermediate payment (if there is no intermediate payment), the lessor shall reimburse the remainder of the down payment, and the lessee may waive the down payment and rescind this contract.

The contents of the special agreement do not require the lessor to pay the premium in whole.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion 1) The instant lease agreement is subordinate to the instant premium agreement. As such, the instant lease agreement became null and void due to the nonperformance by C, and thus, the instant lease agreement also became null and void. Therefore, the Defendant is obligated to pay the Plaintiff the down payment amount of KRW 5,00,000 and delay damages that the Plaintiff paid to the Plaintiff due to restitution. (2) On February 15, 2017, the remainder payment date, the Defendant consulted with C, and made the Plaintiff use the instant building during the lease period.