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

A. On December 4, 2012, the Plaintiff entered into a lease agreement between D and D on a deposit of approximately KRW 25 million with respect to the size of 33 square meters among the 1st floor of the fourth floor neighborhood living facilities located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant neighborhood living facilities”), between January 31, 2013 and January 31, 2015, setting the lease agreement between D and D, and around that time, paid KRW 25 million with respect to the said deposit of KRW 31.92 square meters among the 1st floor of the said neighborhood living facilities, between D and D, by setting the lease agreement between January 31, 2013 and January 31, 2015 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with respect to the said part of the lease agreement on a deposit basis (hereinafter “instant neighborhood living facilities”).

B. C has been awarded the entire amount of the instant neighborhood living facilities equivalent to KRW 120,751,400 by public sale on April 10, 2014, and completed the registration of ownership transfer with respect to the said neighborhood living facilities on the following day.

C. On April 29, 2015, C entered into a sales contract with the Defendant for the purchase price of KRW 92 million with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant store”). On June 4, 2015, C completed the registration of ownership transfer with respect to the instant store pursuant to the said sales contract, and on June 5, 2015, the registration of ownership transfer with respect to the instant store was revoked on the following grounds: (a) on June 4, 2015, for the instant store, the maximum debt amount set forth in the instant sales contract was KRW 7 million.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, 5, Eul evidence 1 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C bears the Plaintiff’s obligation to return the deposit amount of KRW 25 million to the Defendant, but sells the instant store to the Defendant under the status of excess of the obligation.