1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for unjust enrichment of KRW 12 million and KRW 600,000 relating to rent. The court of first instance dismissed the claim for unjust enrichment by citing the purchase price and partial damages for delay.

Since the appeal was filed against the defendant only, the subject of the judgment of this court is limited to the above purchase price and the claim for damages for delay.

2. Determination on the cause of the claim

A. 1) On October 20, 2012, the Defendant: (a) on October 20, 2012, the Seo-gu Building No. 103 (hereinafter “instant store”) owned by the Plaintiff between the Plaintiff and the Plaintiff.

(2) A real estate sales contract (hereinafter “instant sales contract”) to purchase 49 million won (excluding 2 million won separate from the value-added tax) (hereinafter “instant sales contract”).

In concluding the contract, five million won out of the purchase price was substituted by the Defendant’s acceptance of the obligation to refund lease deposit, and the remainder of 44 million won was agreed to pay the Plaintiff on December 28, 2012. (2) The Defendant paid 20 million won out of the purchase price to the Plaintiff on October 26, 2012 and completed the registration of ownership transfer on the instant store on October 29, 2012. At that time, the Plaintiff and the Defendant at the time agreed to pay the remainder of 12 million won (including the purchase price of value-added tax) with the remainder of 12 million won (including the remainder of value-added tax) - KRW 14 million (payment of the lease deposit) - KRW 5 million (payment of the lease deposit of this case) - KRW 5 million (payment of the lease deposit of this case) at the same time.

3) On January 23, 2013, the Defendant repaid the secured debt of KRW 14 million to the lessee of the instant store on March 23, 2013, and received a delivery of the instant store by paying the lease deposit of KRW 5 million to the lessee of the instant store on March 23, 2013. [Grounds for recognition] There is no dispute, each entry in the evidence Nos. 1, 2, and 3 (including the number of pages), including the witness of the first instance trial, and the testimony and pleading of the witness of the first instance trial.