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. Facts of recognition;

A. On July 24, 2014, the Plaintiff acquired rights to the restaurant located in the Dongjak-gu Seoul Metropolitan Government 1st floor (hereinafter “instant store”) from the Defendant, and agreed as follows (hereinafter “instant contract”). Under the instant contract, the Plaintiff paid the Defendant the down payment of KRW 3 million (the Plaintiff is the actual down payment of KRW 3 million), and paid KRW 10 million on July 25, 2014.

2. Article 4 / [Cancellation of a contract] Article 4 / [1 million won on the day of the contract (payment on the day of the contract), an intermediate payment of KRW 2 million, and an intermediate payment of KRW 22 million] / [Cancellation of the contract] ① In the event that the assignee does not make an intermediate payment (in the absence of an intermediate payment agreement, the transferor shall compensate for the amount double the down payment before paying the intermediate payment (in the absence of the intermediate payment agreement, the transferee may waive the down payment and rescind the contract

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the basis for penalty.

(3) The transferor shall make utmost efforts to conclude a lease agreement with the owner and the transferee on the basis of the following terms and conditions of the lease agreement, and where the lease agreement is not normally concluded or does not proceed, the instant contract shall be rescinded and the down payment and intermediate payment received by the transferor shall be immediately refunded to the transferee

3. Lease relationship between the terms and conditions of lease of the object to be transferred or taken over: There may be matters of adjustment when a lease contract is prepared with a lessor after the special agreement on the lease of KRW 10,000,000,000 per month ( monthly rent relationship).

B. On August 14, 2014, the Defendant returned KRW 10 million to the Plaintiff, and the Plaintiff failed to conclude the instant lease contract with respect to the instant store, and the instant contract also was concluded.