1. The Defendant is based on sale and purchase on January 2, 2014, regarding the real estate stated in the separate sheet from the Plaintiff.

1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the plaintiff purchased real estate listed in the separate sheet No. 2,100 million won from the defendant on Jan. 2, 2014 (hereinafter "the real estate of this case") and entered into each contract (hereinafter "the sales contract of this case") with the defendant to transfer all of the facilities and goods of the child-care center operated in the real estate of this case to 200 million won for the premium of 200 million won. The part payments of KRW 2,100 million on the day of the purchase payment, KRW 588,000,000 for the intermediate payment, KRW 100,000 for the remainder payment until December 30, 2015, and KRW 122,200,000 for the remainder payment as a new bank loan established in the real estate of this case, the defendant agreed to assume the obligation of the money of KRW 2,280,000 million for the plaintiff.

According to the facts acknowledged as above, the Defendant is obligated to pay the Plaintiff KRW 200 million (= KRW 2.3 billion – KRW 880 million – KRW 1.22 billion) at the same time upon receipt of the registration procedure for transfer of ownership of the instant real estate from the Plaintiff, as sought by the Plaintiff.

2. Summary of the claim on the Defendant’s assertion: A contract on the acquisition of child-care center facilities and goods in this case on the condition that the number of originals would exceed 100 persons after March 2014; on the other hand, the said condition has not been fulfilled, and thus, there is no obligation to pay the premium pursuant to the contract on acquisition.

However, even if it is not so, the above acquisition agreement is concluded with the plaintiff's belief that the number of originals of the child care center of this case would be 100 persons, so the defendant shall revoke the above acquisition agreement on the ground of mistake.

판 단 : ▷관련법리 조건은 법률행위의 효력의 발생 또는 소멸을 장래의 불확실한 사실의...