A. On May 23, 2017, the Plaintiff and the Defendant: (a) lent KRW 1 billion to the Plaintiff; (b) the Plaintiff and the Defendant agreed to take the form of sale of each real estate listed in the separate sheet owned by the Plaintiff (hereinafter collectively referred to as “instant real estate”); and (c) on the same day, the Plaintiff and the purchaser were the Defendant, with the following details written a real estate sales contract.

The purchase price: 4.8 billion won [the contract amount: 50 million won, the intermediate payment of KRW 500 million (the payment date: June 16, 2017), the balance of KRW 3.8 billion (the payment date)], notwithstanding the provisions of Article 565 of the Civil Act, a seller may cancel a contract by paying to a buyer an additional amount of KRW 200 million, which is paid by the buyer until the remainder payment date is made.

A penalty of 200 million won shall be deposited into the account of the representative director of the contractor.

B. Meanwhile, on May 23, 2017, the Plaintiff and the Defendant drafted a separate pre-sale contract for the establishment of provisional registration of the instant real estate, and the written contract includes the following:

(hereinafter referred to as the “instant sales contract, etc.” in total with the above real estate sales contract and the pre-sale contract. The Defendant completed the provisional registration of the right to claim ownership transfer on the same day.

Article 3. The date of completion of the trade reservation shall be May 23, 2018, and the trade is deemed to have been completed as a matter of course without the defendant's declaration of intention to complete the trade.

Article 5 If the Plaintiff pays to the Defendant the deposit money under the preceding Article and the cancellation money agreed in advance between the parties by May 1, 2018, this reservation shall be rescinded.

C. The Defendant paid to the Plaintiff KRW 50 million on May 23, 2017, and KRW 500 million on June 16, 2017, respectively.

However, on August 1, 2017, before the date of the remainder payment agreed upon by the Plaintiff and the Defendant, the auction procedure of real estate rent was commenced in this court as to the instant real estate on August 1, 2017, and on July 24, 2018, the amount to be actually distributed on the date of distribution 5,617.