1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The parties' assertion

A. The Plaintiff asserted that the Defendant did not deliver each of the instant real estate until the date of delivery stipulated in the instant lease agreement, and that the previous lessee was unable to perform the Defendant’s duty of delivery of the object by clearly expressing his intention not to withdraw from the instant real estate. Therefore, the Plaintiff revoked the instant lease agreement on this ground.

Therefore, since the lease contract of this case was cancelled due to the reason attributable to the defendant, the defendant is obligated to pay 206,000,000 won in total, and 83,000,000 won in total, which was paid to the plaintiff as compensation for damages.

B. The defendant's assertion that the plaintiff paid only the lease deposit under the lease contract of this case, the existing tenant was presented, and the plaintiff was prepared to deliver each of the real estate of this case to the plaintiff, so it cannot be said that the defendant had a default on the obligation.

Rather, the instant lease contract is rescinded by clarifying the intent not to perform the obligation under the instant lease agreement, such as the Plaintiff’s failure to perform the obligation to pay the intermediate payment of lease deposit and the remainder.

3. Determination

A. We examine whether the instant lease contract was cancelled due to the Defendant’s fault.

First, as to whether the Defendant delayed the obligation to deliver an object under the instant lease agreement, the Defendant is liable for delay of performance, even if one of the parties’ obligations becomes due, even if the other party’s obligation becomes due, even if the other party’s obligation becomes due.