The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The summary of the case and the facts premised on the case

A. The summary of the instant case is the Plaintiff’s claim for the return of the lease deposit (150 million won) paid to the Defendant and the payment of damages for delay, alleging that the Plaintiff’s rescission of the lease or the cancellation of the lease on the ground of nonperformance or mistake of motive due to nonperformance of the law or breach of the duty of no competition prohibition, on the grounds that the Plaintiff leased the land from the Defendant to operate a motor vehicle maintenance business site against the Defendant but the purpose of the lease could not be achieved due

The first instance judgment dismissed the Plaintiff’s claim on the ground that the Plaintiff’s failure to operate a motor vehicle maintenance facility on the leased land constitutes a mistake in motive, but there was gross negligence on the part of the Plaintiff. The Plaintiff appealed against this and filed an appeal.

(The plaintiff asserts only the part on the motive mistake)

B. On December 18, 2012, the Plaintiff and the Defendant entered into a lease agreement between the Defendant and the Defendant to set the lease deposit amount of KRW 300,500,000,000,000,000,000,000,000 from December 18, 2012 to December 17, 202, with a view to operating a motor vehicle maintenance and improvement business facility. (i) The Plaintiff and the Defendant entered into a lease agreement between the Defendant and the Defendant with the view to setting the lease deposit amount of KRW 2,530,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)

On December 28, 2012, the Plaintiff changed the terms of the lease agreement between the Plaintiff and the Defendant, and the Defendant, to set the lease deposit amount of KRW 150 million, monthly rent of KRW 300,000,000,000,000,000 from the Defendant, and from December 18, 2012 to December 17, 2021, the Plaintiff paid KRW 150,000,000,000,000,000 from the Defendant.