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1. The plaintiff's main claim is dismissed.
2. The defendant received KRW 52,00,000 from the plaintiff.
Reasons
1. Basic facts
(a) The conclusion of an exchange contract shall be jointly owned by the Defendant (A1) and C (hereinafter referred to as “A2”) residing in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “ Address omitted), and the following real estate owned by E (the spouse of the Plaintiff) residing in Ansan-si (hereinafter referred to as “resident omitted) shall be entered into with the Plaintiff (hereinafter referred to as “Plaintiff”) residing in Ansan-si (hereinafter referred to as “resident omitted”) with the consent of E:
◎ 부동산의 표시
1. A’s jointly-owned real estate (hereinafter “Defendant’s real estate”)
(a) Gunpo-si F, G, H land and F, G ground buildings;
(b) 447 square meters out of the shares jointly owned by the defendant I in Kunpo City;
2. Down land and above ground buildings (hereinafter “instant J-Exchangeed Real Estate”) at the time of permitting exchange goods provided by Eul
1. Upon entering into this contract, Gap 1, Eul 2 (hereinafter referred to as " Eul") shall provide the above real estate as security in regard to the mortgage contract with the following contents designated by Eul:
(1) Obligor: K Dolle, Inc.: Dolle, Inc. / the maximum amount of debt: 1 billion won.
2.Subject to the obligation of transfer of registration and payment of the exchange difference A, B shall:
(1) B shall transfer the J-Exchangeed Real Estate A to Party B.
D. 40 million won, the exchange difference arising after the transfer of the registration referred to in the preceding paragraph (1) ( seems to be a clerical error in the amount of KRW 450 million) shall be paid to A as follows:
Down payment of KRW 80 million shall be paid simultaneously with the contract.
b. The payment of KRW 50 million in part payments was made on February 27, 2015 (the first half of the year, KRW 40 million, and the second half of December 12, 2014, but the period was changed to the period).
c. Any balance of 320 million won shall be paid on May 20, 2015.
4. In order to secure the payment of any balance, Eul shall perform a notarized promissory note in three names, including two persons designated by Eul and Eul, and shall deliver it to Gap simultaneously with the contract.
3. A.