1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 31, 2014, the Plaintiff entered into a lease agreement with the Defendant, stating the following terms (hereinafter “instant lease agreement”) with the effect that KRW 120 million shall be paid at the time of the contract between December 15, 2014 and December 14, 2016, and KRW 110 million shall be paid at the time of the contract, and the remainder of KRW 110 million shall be paid at December 15, 2014 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 10 million (hereinafter “instant down payment”).

[Cancellation of Contract] [Cancellation] Before a lessee pays an intermediate payment to a lessor (if there is no intermediate payment), a lessor shall repay a lump sum of the down payment, and the lessee may waive the down payment and rescind this contract. Article 7 [In the event of the nonperformance of obligation and the nonperformance of the terms of this contract by a lessor or lessee, the other party may rescind the contract by peremptory notice in writing to the person who has failed to perform the obligation.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

2. Since this building is in difficult condition to be completed, it will take out a loan after completion (within 00,000 Won) at the time of receiving a loan for the full-time loan.

3. The balance date may be advanced by mutual agreement.

4. The collateral security on the land shall be repaid after the completion of the construction.

5.The present contract will be drawn up and distributed again after completion of the contract and the description of confirmation.

6. Any balance shall remain at a intervals after completion of construction works.

(2) At the time of completion, at the time of November 30.

The Plaintiff confirmed the fact that the completion of the instant house was not yet completed by November 30, 2014, which was originally scheduled by the Plaintiff, and through a broker, the Plaintiff was occupied by the Defendant on December 15, 2014.