1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant entered into an exchange contract on January 15, 2008.

The content of the exchange contract is to exchange with the lease right of restaurant(D) operated by the Defendant and the real estate owned by E (53,554 shares out of 4,092 square meters in FY, G forest, G forest, 2,635 square meters in Gangwon-do, and H 53,554 square meters in Yangyang-gun in Yangyang-gun in Gangwon-do, and 9,920.5 square meters in total among 53,554 square meters in land) owned by the Defendant’s spouse. The Plaintiff agreed to receive an exchange contract from I on December 27, 2007, and the Plaintiff did not complete the registration of ownership transfer, with the second floor K heading 243.6 square meters in Nam-gu, Incheon (hereinafter “instant commercial building”).

At the time of the conclusion of the exchange contract, the original and the Defendant settled the interest on loans and taxes and public charges on both sides of the ownership exhibition (e.g., the remaining date), and stipulated in the special agreement that “10 million won of the deposit for the lease of the commercial building of this case currently in secret shall be granted to the Plaintiff after being leased” (Article 2 of the special agreement).

B. According to the above exchange contract, on January 15, 2008, the Plaintiff issued the documents necessary for the registration of ownership transfer of the instant commercial building to the Defendant, and the Defendant transferred the right to lease of the said restaurant (hereinafter “D”) to the Defendant. The Defendant’s wife also transferred to the Plaintiff the right to lease of the said restaurant (hereinafter “D”), and the Defendant’s wife also registered each right to claim ownership transfer registration as to the 4,092 square meters of forest land and G 2,635 square meters of forest land in Y Yangyang-gun, Gangwon-do, and the right to claim ownership transfer registration as to the portion on 9205/54 of the 53,554 square meters

C. On January 18, 2008, the original and the Defendant drafted a statement of performance that he/she takes over all powers on the same day, and that he/she would settle and take over all of the loan interest, rents, management expenses, public charges, salaries, transactional balance, and other taxes and public charges in entirety.

According to its statement of performance, the Plaintiff entered into a lease contract by March 18, 2008, and received the maximum amount of a deposit for lease, and if the lease contract is not concluded, the Plaintiff is from March 19, 2008 to the time the lease contract is concluded.