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

The defendant.

1. Fact of recognition - Lease deposit: KRW 145 million [the balance of KRW 15 million for a contract and KRW 130 million for a balance of KRW 100 million for a contract] - Term of lease: From March 23, 2018 to March 22, 2020] - Before a lessee pays an intermediate payment to a lessor, the lessor shall reimburse the amount of the down payment, and the lessee may waive the down payment and rescind this contract.

- Article 7 (Non-performance of Obligations and Compensation for Damages) If the lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.

In such cases, the parties to the contract may claim damages from each other due to the cancellation of contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. This contract is an unregistered lease contract under the condition of the right to sell in lots.

4.A lessor shall repay a bank loan in full with a deposit for lease, and maintain the condition that no bank loan exists during the lease period.

On February 13, 2018, the Plaintiff entered into a contract with the Defendant for the lease of Ansan-si C Apartment D (hereinafter “instant apartment”) from the Defendant (hereinafter “instant contract”). The main contents are as follows.

B. On the same day, the Plaintiff paid 15 million won to the Defendant as the down payment under the instant contract.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 3, the purport of whole pleadings

2. Summary of the parties' arguments

A. On March 22, 2018, a day before the remainder payment date under the instant contract, the Defendant expressed to the Plaintiff on March 22, 2018 that “it is impossible to perform the provisions of Article 4 of the instant special agreement,” and the Plaintiff rescinded the instant contract on the grounds of the Defendant’s refusal to perform or impossibility to perform. As such, the Defendant was subject to the rescission of the contract.