1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked.

Facts of recognition

On February 22, 2011, the Plaintiff and the Defendant concluded a sales contract for the real estate listed in the separate sheet (hereinafter “instant sales contract”).

The Plaintiff purchased the above real estate from the Defendant in KRW 1.6 billion, and paid the down payment in KRW 100 million on the date of the contract, and replaced by the payment of KRW 100 million in the following lease contract deposit regarding the instant real estate concluded on the same day, and agreed to pay the remainder KRW 1.4 billion on February 28, 2013 at the same time with the delivery of the real estate and the implementation of the procedure for ownership transfer registration.

In addition, the sales contract of this case includes the following agreements:

(Article 6 of the instant sales contract. The Plaintiff and the Defendant concluded a lease contract on the same day (hereinafter referred to as “instant lease contract”) with respect to the said real estate on the same day (hereinafter referred to as “the instant lease contract”).

The Plaintiff agreed to lease the instant real estate from the Defendant in KRW 100 million, and the monthly rent in KRW 2 million, and the lease period in February 28, 2013, which is the remainder date of the said sales contract.

Accordingly, the Plaintiff paid the Defendant total of KRW 200 million, which is the deposit of the instant lease contract, at the same time, as the intermediate payment of the instant sales contract, to the Defendant.

On February 15, 2011, the Plaintiff entered into the instant sales contract and the instant agreement with the Defendant’s father C, his father C, and the Plaintiff entered into a sales contract with respect to three parcels outside D and its ground restaurant buildings outside D and its ground restaurant near the instant real estate (hereinafter “instant sales contract”).

C. The instant case.