A. (1) On October 10, 2010, the Plaintiff leased the lease deposit amount of KRW 270 million to the Defendant of Mapo-gu Seoul Metropolitan Government 711 Dong 801 (hereinafter “instant apartment”) owned by the Plaintiff, and received the said lease deposit from the Defendant.

(2) On April 23, 2012, the Plaintiff sold the instant apartment in KRW 865 million to the Defendant. On April 23, 2012, the Plaintiff paid the down payment of KRW 100 million (on April 23, 2012, the payment date) and the intermediate payment of KRW 170 million (on July 31, 2012, the payment date) by deducting the said lease deposit, and the remainder of KRW 50 million (on November 29, 2012, the payment date) to the Defendant’s acquisition of each collateral security obligation (on November 29, 2012, the actual debt amount of KRW 37 million,250 million, and KRW 258 million) with respect to the instant apartment.

At the time of conclusion of the above sales contract, the Plaintiff and the Defendant agreed to waive the down payment and the intermediate payment (Article 10 of the Special Agreement) where the Defendant did not acquire the registration of ownership transfer of the instant apartment from March 1, 2012 to the date of redemption of principal (Article 5 of the Special Agreement).

(3) According to the above sales contract from March 2012 to July 2012, 2012, the Defendant paid interest on the secured debt of each of the said mortgages to the Korea Life Insurance Co., Ltd., but thereafter, the payment of such interest was delayed and the auction procedure regarding the instant apartment was commenced upon application by the Korea Life Insurance Co., Ltd. on November 13, 2012.

From the end of July 2012, the Defendant asserted that the above sales contract was cancelled or cancelled, and demanded the return of the lease deposit. Despite the Plaintiff’s request, the Defendant did not accept the registration of ownership transfer for the instant apartment from the remainder payment date pursuant to the above sales contract.