1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 24, 2014, the Plaintiff (Lessee) entered into a lease agreement with the Defendant (Lessor) and the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Municipal Ordinance on the instant contract (hereinafter “instant contract”).

Lease term: Deposit deposit of KRW 1,200,000: From November 4, 2014 to November 3, 2019: Contract deposit of KRW 390,000: The first intermediate payment of KRW 390,000 (in the event of a contract) - the second intermediate payment of KRW 100,000,000 ( October 28, 2014) - the first remainder of KRW 110,000,000 ( November 3, 2014) - the second remainder of KRW 300,000,000 ( November 3, 2014) - the second remainder of KRW 2 remainder of KRW -300,000,000 for KRW 30,000 ( March 3, 2014) - the Defendant shall enter the trust rent of KRW 520,00,00 in a lower priority order by establishing a special agreement or agreement with the Plaintiff.

B. The Plaintiff paid the Defendant the down payment of KRW 390,000,000, and paid KRW 50,000,000 on October 31, 2014, and KRW 200,000,000 on November 5, 2014, the Plaintiff paid the deposit amount of KRW 640,00,000 in total.

C. On December 9, 2014, the Defendant notified the Plaintiff of the termination of the instant contract on the ground that the instant contract was not paid KRW 260,000,000 out of the first remainder with content certification.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 5 evidence, the purport of the whole pleadings

2. Claim:

A. At the time of the contract, the Defendant was unable to register the trust list for the return of the lease deposit or for the establishment of a subordinate security right to the financial rights, and in fact, it was impossible for the Defendant to carry out the registration.

Nevertheless, on December 9, 2014, the defendant sent a certificate of content that the contract will be cancelled due to the plaintiff's default, and the plaintiff was able to drive away from the wedding place and his access was prevented.

B. Considering the progress after the payment of the down payment, intermediate payment and some remainder, the instant contract was rescinded at least due to the cancellation of agreement or impossibility of performance on December 2014.

C. Therefore, the Defendant deposited KRW 640,000,000 that was paid to the Plaintiff as a deposit (Seoul Northern District Court 2016Da3862) with the Plaintiff.