A. On November 14, 2012, D, a representative of the Defendant’s child, drafted a real estate sales contract (hereinafter “instant contract”) between the Plaintiff and the Plaintiff to sell real estate as indicated in paragraph (1) of the instant order owned by the Defendant (hereinafter “instant real estate”) at KRW 100 million to the Plaintiff.

B. The Plaintiff paid D KRW 80,000,000 on November 14, 2012, KRW 50,000 on December 5, 2012, KRW 20,000,000 on January 7, 2013, and KRW 80,000 in total.

C. D Co., Ltd. drafted to the Plaintiff a promise stating that “I will return the amount stated in the instant contract to the Plaintiff by August 31, 2013, but if I fail to comply with it, I would make transfer of ownership to the Plaintiff by August 31, 2013 regarding the instant real estate.” Defendant or D did not pay the Plaintiff money by August 31, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant did not pay KRW 100 million to the Plaintiff the amount indicated in the instant contract by August 31, 2013. Thus, the Defendant is obligated to transfer the ownership of the instant real estate to the Plaintiff according to the said letter of undertaking and the instant contract.

(1) The defendant asserts that D does not have the right of representation for the preparation of the above commitment, but it is reasonable to view that D prepared the above commitment as the representative of the defendant in light of the defendant and the relation between D and the defendant. As to this, the defendant asserted that D prepared the above commitment under the condition that D would receive KRW 100 million from the plaintiff and paid only KRW 80,000,000 to the plaintiff below KRW 100,000,000,000,000 to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000