1. The defendant shall be the plaintiff.

A. Of the indicated real estate in the attached Form 1, 5, 2, 3, 6, 4, 1-1 of the attached Form 1, 5, 2, 3, 6, 4

1. Lease contract;

A. A. On March 22, 2017, the Plaintiff entered into a lease agreement with the Defendant on the part on the ship (A) part of the attached real estate indicated in the order (hereinafter “the part on the ship of this case”) among the real estate indicated in the attached real estate as indicated in the attached property, with the content that deposit amount is KRW 20 million, KRW 1250,000 per month, and KRW 1250,000 per month, and the period from May 10, 2017 to May 9, 2019 (hereinafter “instant lease agreement”), and agreed to receive KRW 0,000 as the down payment on May 10, 2017.

B. From March 27, 2017, the Defendant received delivery of the instant part on the ship and performed facility construction, and the Plaintiff and the Defendant changed the remainder of the payment date to June 10, 2017.

[Ground for Recognition: Facts without dispute, Gap 3, 4 evidence, Eul 1-1, 2, the whole purport of pleading]

2. Summary of the parties' arguments;

A. As the cause of the instant claim, the Plaintiff’s rescission of the instant lease agreement because the Defendant did not pay the remainder of the deposit and rent, etc., and thus, the Defendant entered into the instant lease agreement with the Defendant to seek delivery of the part on board of the instant case, return of unjust enrichment equivalent to the rent, and return of the cost of restitution to the original state. While entering into the instant lease agreement, the instant lease agreement was invalidated due to the Plaintiff’s failure to fulfill the conditions on the condition

Although the Plaintiff or the Plaintiff bears the duty to use and benefit from the part on the instant vessel, it is alleged that the Defendant was unable to use and benefit from the part on the instant vessel in violation of this duty and the Defendant rescinded the instant lease agreement.

3. Determination

A. (1) Whether the instant sales contract was rescinded or not (i) the Defendant received the part on the instant ship around March 27, 2017, as seen earlier, and comprehensively taking account of the overall purport of the pleadings in each of the descriptions No. 5 and No. 6-1 and No. 2, the Defendant’s June 2017 to the Plaintiff.