1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On September 21, 2015, the Plaintiff entered into a contract with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant apartment”) with the deposit deposit of KRW 500,000,000, and the period from November 2, 2015 to November 1, 2017 (hereinafter “instant lease contract”), and paid the down payment of KRW 50,000,000 on the same day.

At the time of the conclusion of the instant lease agreement, the registration of the establishment of a lease on a deposit basis (hereinafter referred to as “registration of the establishment of a lease on a deposit basis”) (hereinafter referred to as “registration of the establishment of a lease on a deposit basis”) was completed on June 28, 2012 by the lower court, which was received on November 7, 2013, 400,000 won (hereinafter referred to as “registration of the establishment of a lease on a deposit basis”) around the maximum debt amount 192,508,742 won (hereinafter referred to as “registration of the establishment of a lease on a deposit basis”), which was received on November 7, 2013

B. Of the instant lease agreement, the parts related to this case are as follows.

Article 1:50,00,000 won of down payment shall be paid at the time of the contract and any balance of KRW 450,000,000 shall be paid on November 2, 2015 if the lessor or lessee fails to perform the obligations under this contract, the other party may demand the person who has failed to perform the obligations and rescind the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

2. The lessor shall pay 100,000,000 won out of the loan amount of the Busan Bank No.S. branch at the same time with the receipt of any balance, and the remainder shall be repaid, and the registration of reduction in the establishment of the right to collateral security shall be made at the same time.

3. The lessor shall decide to cancel the registration of creation of chonsegwon in this case simultaneously with the receipt of any balance.

6. The lessor shall bear the expenses for repairing water for a bath room, repairing electronic sirens, repairing air conditioners, and filling air conditioners; and

C. However, the former lessee C is the original Defendant on October 30, 2015 due to the circumstances such as the former lessee C’s decision to file a director.