1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from July 15, 2015 to July 7, 2016 to the Plaintiff.

(a)The following facts of recognition are not disputed between the Parties, or may be admitted by taking into account the overall purport of the pleadings in each entry in Gap evidence 1 to 6, Eul evidence 3 and 4:

On January 5, 2010, the Plaintiff concluded a sales contract with the Defendant to purchase the purchase price of KRW 260 million (the contract amount of KRW 20 million and the balance of KRW 240 million) from Kimpo-si D, Kimpo-si, Kimpo-si (hereinafter referred to as the “instant land”).

B. However, at the time of the sales contract, there were single-story housing in the name of Defendant Syman E and single-story housing in the name of Defendant Syman E, who died on the instant land, and the ownership relationship was not organized, and the following special agreements were made.

*. The defendant appoints a lawyer and receives succession to the building, and completely arranges the documents to the plaintiff.

*. The plaintiff pays only the down payment until the document is arranged, and pays the balance at two times when the document is arranged.

*. After confirming the closed register, the attorney decides that the sale is impossible, the down payment is recovered and the contract is also reversed.

C. On January 5, 2010, the day following the contract, the Plaintiff remitted the down payment of KRW 20 million to the Defendant’s agricultural bank account.

On January 18, 2011, the Plaintiff transferred the building to C as soon as possible from the Defendant’s fraud, so the Plaintiff first asked for KRW 100 million as an intermediate payment title, and paid KRW 100 million to C.

2. The assertion and its judgment

A. On January 18, 201, the Plaintiff asserted by the parties: (a) the documents regarding the instant building on the instant land were arranged between KRW 100 million and KRW 100 million via fraud C; (b) the Defendant first asked for the intermediate payment to pay KRW 100 million to C; (c) however, the instant sales contract was revoked on the ground that the registration of ownership transfer was not rescinded until November 7, 2013; (d) the Defendant revoked the instant sales contract on the ground thereof. As such, KRW 140 million to the Plaintiff is KRW 20 million as the down payment amount to KRW 20 million.