1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 1, 2014, the Plaintiff: (a) leased a part of the building located in G (hereinafter “the instant building”) in G (hereinafter “the instant building”); (b) the lease deposit amounting to KRW 100 million (the contractual amount of KRW 10 million, intermediate payment of KRW 30 million (the contract amount of KRW 30,000), and the remainder of KRW 60,000 (not specifying the due date for the payment of the remainder); and (c) the lease amount of KRW 2 million from February 1, 2015 to January 31, 2016 and monthly rent of KRW 200,000 (hereinafter “the instant Schlage lease agreement”).

)하였다. 나. 원고는 2014. 11. 18. 피고로부터 이 사건 건물의 일부를 커피� 운영을 위하여 임대차보증금 2억 원[계약금 2,000만 원(계약시), 중도금 5,000만 원(2014. 12. 30.), 잔금 1억 3천만 원(준공 후 2015. 2. 10.)], 기간 2015. 2. 10.부터 2016. 2. 9., 월임료 500만 원으로 정하여 임차(이하 ‘이 사건 커피� 임대차계약’이라 한다

)하였다. 다. 원고는 이 사건 슈퍼 및 커피� 임대차계약에 따라 계약금 3,000만 원을 피고에게 지급하였다. [인정근거] 다툼 없는 사실, 갑 1, 2(가지번호 포함 의 각 기재, 변론 전체의 취지

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant building existed at the time of each of the instant lease agreements, and the Defendant promised that the instant building will be completed at the end of December, 2014, and that D Hospital (tentative name) located in the instant building will commence normal business.

However, even after the end of December 2014, the instant building was not completed, and the sales of the D Hospital did not occur.

In light of the construction progress of the building of this case, it was impossible for the Defendant to deliver to the Plaintiff the object of each lease contract of this case by February 2, 2015, which is the time when each lease contract of this case was concluded.

This constitutes a lessor's failure to perform the duty to deliver the object or delayed implementation of the duty to deliver the object for a considerable period of time, and the Plaintiff on December 29, 2014.