1. On October 1, 2014, between the Plaintiff and the Defendant, the sales contract for the “one-time store located in Gangnam-gu Seoul Metropolitan Government C” D stores is concluded.

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 6.

On October 1, 2014, the Plaintiff entered into a contract with the Defendant to trade the store listed in Paragraph (1) of the Disposition (hereinafter “instant store”) which is owned by the Plaintiff in the purchase price of KRW 35 million (hereinafter “the instant store”) and received the down payment of KRW 5 million on the contract date, and determined the remainder amount as “as of October 22, 2014,” “as of October 22, 2014,” and as of KRW 3 million, the remainder amount as of October 22, 2014, respectively, and as a special agreement, the Plaintiff determined that “if the D store is purchased, it is used as it is, and if the D store is purchased, it shall be transferred to the buyer”.

B. After that, upon the Plaintiff’s refusal to receive any balance, the Defendant deposited the remainder of KRW 30 million with the Plaintiff as the principal deposit on October 22, 2014. The Plaintiff sold the instant store to the lessee and filed a deposit of KRW 5 million with the Defendant as the principal deposit on November 5, 2014, by asserting that the instant sales contract was null and void.

C. Meanwhile, the Plaintiff consented to the purchase of the instant store by E, who had leased the instant store from the Plaintiff before the instant sales contract, around October 2014, which he heard the instant sales contract from the Plaintiff.

Accordingly, E borrowed money from F and paid 35 million won to the Plaintiff on October 21, 2014, prepared a sales contract (Evidence No. 5) in which the purchaser was F in order to secure F’s loan to secure F, and thereafter, paid 200,000 won monthly interest to F.

2. The instant sales contract is a conditional sales contract on the condition of the purchase of E. The sales contract does not require the preparation of the contract or the payment of the purchase price or the down payment as an instigious and instigious contract. According to the above facts of recognition, E is the instant sales contract.