1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. On September 28, 2012, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant store”) from the Defendant with the lease deposit of KRW 30 million, KRW 1.5 million per month, and the lease term of KRW 1.5 million from October 15, 2012 to October 14, 2015 (hereinafter “instant lease contract”). The Plaintiff has been running a business by delivery of the instant store.

B. On October 17, 2013, the period of the instant lease agreement, the Plaintiff purchased the instant store from the Defendant for KRW 185 million, and paid the down payment of KRW 145 million on the date of the contract (as to the down payment of KRW 30 million among the down payment, the Plaintiff decided not to refund the deposit amount of KRW 30 million under the said lease agreement, in lieu of the Plaintiff’s payment), and the remainder of KRW 40 million to pay the down payment on November 20, 2015 (hereinafter “instant sales agreement”). The Plaintiff paid the full down payment per contract date as agreed.

The main contents of the instant sales contract are as follows.

The sales contract shall be paid at the time of a contract the down payment of KRW 145 million in KRW 100 million, and the balance of KRW 40 million shall be paid on November 20, 2015.

(Transfer of Ownership, etc.) The seller shall deliver all the documents necessary for the registration of ownership transfer to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be November 20, 2015.

(Extinction of Restricted Real Rights, etc.) If there is any reason to restrict the exercise of ownership, such as a mortgage established on the real estate in question, the seller shall remove the defect and burden of the right, until the balance is received, and transfer the full ownership to

(A) TWEN ACT. - Any balance of KRW 40 million 350,000 shall be paid to the seller on the 19th day of each month in the form of monthly rent of KRW 350,000. The part of the transfer tax shall be borne by the seller, if sold in the amount of KRW 185,000,000,000,000,000,000.