Preliminary Defendant shall pay to the Plaintiff KRW 40,000,000.

The plaintiff's primary claim and ancillary claim against the defendant.

Basic Facts

A. The E Co., Ltd. (hereinafter “E”) is the contractor that constructed G building Hdong (hereinafter “instant building”) which is a multi-household house on the F of Gwangju City on the F of Gwangju City. The I is a director of E, and the Defendant C invested in the said new construction project. The instant building was registered for preservation of ownership in the name of J on November 9, 2015, which was the owner of the said land.

B. On July 19, 2016, the Plaintiff entered into a lease agreement with the foregoing I on K (hereinafter “the instant leased object”). Under the said lease agreement, the lease deposit was KRW 40,000,000, monthly rent was KRW 350,000, and the lease term was from October 8, 2016 to October 18, 2018; the lessor was the owner on the registry of the leased object at the time of the lease; and the lessor was the Plaintiff, respectively.

C. Under the above lease agreement, the Plaintiff remitted to I the down payment of KRW 5,000,000 on August 31, 2016, and KRW 39,800,000 on October 15, 2016 [The remainder amount of KRW 35,00,000 (i.e., KRW 40,000 - KRW 5,0000 - KRW 0,000) for one-year rent of KRW 4,20,000 (= KRW 350,000 x 12 months)]. From October 2016, the Plaintiff resided in the object of the instant lease.

On the other hand, Defendant C prepared a completion settlement agreement (Evidence 11) with E, a contractor, in the presence of Defendant C on January 31, 2017. The said agreement includes the following: “The entire share of the construction works (I) on the instant building shall be transferred to Defendant C”; and “The security deposit amount of KRW 40,000,000 on the leased object (K) of this case shall be deducted from the repayment amount of the principal and interest invested by Defendant C.”

E. Defendant C received payment in lieu of L, M, N,O, P, Q, R, S, and T among the instant buildings due to the redemption of investment principal and interest, and completed the registration of ownership transfer on February 2, 2017 due to the purchase and sale on November 24, 2016, and the remainder of the instant real estate except for S and T among them.