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

A. On June 13, 2016, the Plaintiff entered into a sales contract with the Defendant on the following (hereinafter “instant sales contract”) with respect to the building of 1,369 square meters and its 5-story owned by the Defendant and the Defendant.

2.In the sale of the above real estate in Article 2 of the terms of the contract, the buyer shall pay the purchase price as follows:

On June 13, 2016, the payment date of KRW 3,000,000 for the down payment of KRW 160,000,000 for the down payment of KRW 160,000,000 for the purchase price, and on July 30, 2016, the seller would compensate for the double amount of the down payment and the buyer would not claim the return of the down payment at the time of the down payment.

3. This Agreement shall be waived if the Special Agreement provides that KRW 60,000,000 shall not be deposited by June 23, 2016.

B. The Plaintiff and the Defendant agreed to substitute KRW 100,000,000, out of the down payment under the instant sales contract, for KRW 100,000,000 that D paid to the Defendant on January 7, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1-1 and 2

2. The assertion and judgment

A. The Plaintiff’s assertion and the Defendant first agreed on May 25, 2016 to cancel the provisional attachment registration (the claim amounting to KRW 59,500,000) in the name of E, which was established on the remaining down payment of KRW 60,00,000,000, the Plaintiff and the Defendant agreed to cancel the provisional attachment registration (the claim amount to KRW 59,50,000) in the name of E, which was established on May 20, 2016, and later, to cancel the provisional attachment registration (the claim amount to KRW 100,000) in the name of F, which was established on the instant real estate, in lieu of the down payment. In accordance with the above agreement, even though the Plaintiff had cancelled the provisional attachment registration in the name of F on June 22, 2016, the Defendant had to return the down payment to the Plaintiff.

B. The evidence of the Plaintiff’s submission alone is that the Plaintiff and the Defendant pay the remainder down payment.