1. The defendant received KRW 34,819,334 from the plaintiff and simultaneously received KRW 34,819,34 from the plaintiff, the first floor of the real estate stated in the attached Table 114.

1. Basic facts

A. On August 23, 2010, the Plaintiff and the Defendant concluded a lease contract for the instant real estate owned by the Plaintiff with a deposit of KRW 40 million, monthly rent of KRW 2.3 million (including the last day of each month, additional tax arrears), and the lease period from August 31, 2010 to August 30, 2012. After that, the Plaintiff and the Defendant concluded a lease contract for the extension of the lease period from August 31, 2012 to August 30, 2014 (hereinafter “instant lease contract”).

The Defendant operated the instant real estate in the name of “C”.

B. On February 28, 2014 during the lease term, the Defendant and D entered into a contract to transfer the Defendant’s right to the instant real estate at KRW 40 million. On the same day, the Plaintiff and D entered into a lease agreement with respect to the instant real estate to the effect that: (a) KRW 40 million; (b) monthly rent of KRW 2.3 million; (c) April 15, 2014; (d) April 15, 2014; and (e) from April 15, 2016 to April 15, 2016; and (e) a special agreement to enter into a contract to increase the deposit amount of KRW 50 million from September 2014; and (e) monthly rent of KRW 2.5 million (Additional tax).

C. 1) D paid the Defendant the down payment of KRW 4 million according to the right acquisition contract with the Defendant, and D remitted the down payment of KRW 4 million under the lease contract with the Plaintiff to the Defendant on March 3, 2014 at the Plaintiff’s request on March 3, 2014. However, D, around April 2014, did not pay the Defendant the remainder of KRW 36 million under the right acquisition contract with the Defendant and the remainder of the lease deposit to the Plaintiff, and each of the said down payment was confiscated, and both the right acquisition contract with the Defendant and the lease contract with the Plaintiff were revoked.

On the other hand, on March 17, 2014, the Defendant leased the lease deposit amount of KRW 50 million from F, monthly rent of KRW 2 million, and the term of lease from April 4, 2014 to April 4, 2016 and operated the leased business.

E. At present, the instant real estate was locked, and the keys is owned by the Defendant.

[Ground of recognition] There is no dispute.