1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

1. Facts of recognition;

A. On March 6, 2018, the Plaintiff leased and operated a “D” store on the first floor of the building located in the 1st floor of the Dong Government-si (hereinafter “instant store”) and E Licensed Real Estate Agents’ Office (hereinafter “F Licensed Real Estate Agent Office”) (hereinafter “instant brokerage office”) for the purpose of operating the said store.

(2) The Defendant, who leased and operated the above store as a broker, entered into a contract with the Defendant to acquire all rights, such as the above store facilities, house fixtures, and fixtures (hereinafter “instant contract for acquisition of rights”), and paid the Defendant the down payment of KRW 1,00,000,000,000 to the Defendant. The original Defendant, at the time of the said contract, stipulated the terms “this contract is a contract incidental to the lease agreement, and it shall be null and void if it is not performed” (hereinafter “instant special contract terms”).

B. On March 31, 2018, the Plaintiff agreed to enter into a lease agreement with G and the instant store at the instant brokerage office on March 31, 2018.

C. On March 31, 2018, the Plaintiff prepared to enter into the instant store lease agreement and was in the instant brokerage office around 15:00, and at the same time G was not erroneous.

After that, the lease contract between the Plaintiff and G was not concluded.

[Grounds for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, witness E of this court, testimony of G and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff and G did not enter into the instant store lease agreement without any cause attributable to the Plaintiff, and the instant contract for the acquisition of rights was rescinded in accordance with the terms and conditions of the instant special agreement. Therefore, the Defendant is obligated to return the said contract deposit to the Plaintiff. 2) Since the Defendant’s unilateral withdrawal of the intent to conclude the instant store lease agreement, the Plaintiff could not respond to the Plaintiff’s request.