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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 29, 2016, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 10 million, monthly rent of KRW 550,000,000, and from July 11, 2016 to July 10, 2018 (hereinafter “instant contract”), and paid KRW 10,000,000 as the deposit to the Defendant.
B. The Plaintiff leased the leased object in order to operate a private teaching institute, and the instant contract provides for a special clause that the said contract shall become null and void and shall reinstate each other, if it is impossible to authorize the private teaching institute to do so after concluding the contract (hereinafter “instant special agreement”).
C. On October 2017, the Plaintiff came to know that the instant leased object does not amount to 45 square meters, which is the minimum size of facilities of private teaching institutes and teaching curricula, as prescribed by the Ordinance on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, Jeonnam-do. Accordingly, on November 4, 2017, the Plaintiff declared the termination of the instant contract and delivered the instant leased object to the Defendant.
【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, 3, 4, 5, Eul's evidence No. 1, the purport of the whole pleadings
2. The Plaintiff’s assertion asserts that the instant contract should be terminated on November 4, 2017 according to the instant special agreement, and that the Defendant should return the remainder of the lease deposit deposit after deducting the unpaid rent, etc. from the Plaintiff, as the Plaintiff transferred the leased object to the Defendant.
3. Determination
A. According to the following facts: (a) the termination of the instant contract and the duty to return the deposit, it is recognized that the instant special agreement stipulates the grounds for termination of the instant contract where the Plaintiff is unable to obtain authorization to establish a private teaching institute on the leased object; and (b) the Plaintiff cannot obtain authorization to establish a private teaching institute around October 2017, as the area of the leased object.