1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

Facts of recognition

On November 19, 2015, the Plaintiff and the Defendant entered into a contract for the transfer of rights with the broker assistant D, who is an employee of a licensed real estate agent C, and the Plaintiff entered into a contract for the transfer of rights (hereinafter “instant contract for the transfer of rights”) with the Plaintiff for the transfer of right at KRW 30,500,000,000, the Seoul E-2nd floor Fudio (hereinafter “instant studio”) from the Plaintiff. On the same day, the Plaintiff paid the down payment of KRW 3,00,000 to the Plaintiff.

Article 4 of the instant right transfer contract provides that “In the event the transferor pays the intermediate payment (if there is no intermediate payment, the balance) to the transferee, the transferor shall repay the down payment, and the transferee may waive the down payment and rescind this contract.” Article 5 of the instant right transfer contract provides that “In the event the sale or lease contract of a virtual price, store, or lease is cancelled, the said contract shall become null and void.”

On February 16, 2016, the Defendant filed a lawsuit against the Plaintiff seeking restitution of unjust enrichment (Seoul Eastern District Court 2016Gaso208988, hereinafter “instant prior lawsuit”) with the purport that “The instant contract for transfer of right is revoked due to deception or tort by the Plaintiff, or that “the instant contract for transfer of right is null and void pursuant to Article 5 of the instant contract for transfer of right, and thus seek the return of down payment,” against the Plaintiff.

On October 18, 2016, the first instance court rendered a favorable judgment on October 18, 2016, and served the original copy of the judgment by public notice.

Upon receipt of a decision of acceptance on November 21, 2016, the Defendant filed a seizure and collection order (hereinafter “instant claim seizure and collection order”) with the Seoul Northern District Court (Seoul Northern District Court 2016TTTTTTTT10894), and completed collection against the Plaintiff’s bank deposit claim 3,282,320 won.

The defendant on November 28, 2016.