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. Determination on the plaintiff's claim

A. On March 27, 2015, the Plaintiff asserted that he leased 301 of the Suwon-si C Ground Building from the Defendant, and paid the down payment of KRW 2 million to the Defendant on the same day. However, it is impossible to move to the said building because it is impossible to move to the household, etc. using a narrow and private bridge on the date of the directors’ site.

Accordingly, the plaintiff demanded the defendant to cancel the contract and return the down payment, and the defendant agreed to cancel the contract, so the defendant must return the down payment of KRW 2 million to the plaintiff.

B. The evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant agreed to terminate the contract, and there is no other evidence to acknowledge it.

Considering the circumstance that the Plaintiff entered into a lease contract by directly reporting the leased object, the Plaintiff cannot rescind the contract for such reason, and the Plaintiff is only able to waive the down payment and cancel the contract in accordance with the agreement at the time of entering into the lease contract. Therefore, the Defendant cannot

2. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is justified with this conclusion. Thus, the plaintiff's appeal is dismissed. It is so decided as per Disposition.