1. The plaintiff's primary claim added in the trial is dismissed.

2. The defendant's appeal is dismissed.

3. The primary description; and

1. Basic facts

A. On July 2, 2015, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the terms that the Defendant set the Plaintiff as the first floor among the two-storys of the building of Ulsan-gu C ground brick sloping roof owned by the Defendant (hereinafter “instant real estate”), the lease deposit amount of KRW 70,000,000, and the lease period of KRW 24 months.

On the same day, the plaintiff paid 7 million won to the defendant as the down payment.

B. The Plaintiff and the Defendant decided to prepare a lease agreement on July 9, 2015.

However, the Defendant applied for the establishment registration of a neighboring mortgage on the instant real estate with the loan from NongHyup Co., Ltd. on the same day, and the establishment registration of a neighboring mortgage was completed with the maximum debt amount of KRW 140 million, the debtor, the defendant, and the creditor Nong Bank Co.

The plaintiff demanded the return of the down payment to the defendant on this ground.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. Without notifying the Plaintiff that the Defendant would receive a loan of the instant real estate as security, the Defendant concluded the instant lease agreement with the Plaintiff and received the down payment from the Plaintiff, and unilaterally received a large amount of loans from the Plaintiff as security, and committed an act that can be seen as the cancellation of the contract by setting up a senior collateral security right, and this ought to be deemed to have clearly expressed the intent to refuse the performance prior to the execution of the contract. Therefore, the Defendant shall reimburse the Plaintiff the amount of KRW 14 million

(The main claim). However, since the defendant seriously damaged the value of the object of lease by setting priority to the above real estate, the above lease contract was cancelled due to the reasons attributable to the defendant, and the defendant must return to the plaintiff the down payment of seven million won to the original state.

Preliminary.