The part of the judgment of the first instance against the principal lawsuit shall be revoked, and the principal lawsuit against the plaintiff (the counterclaim defendant) shall be dismissed.

2...

1. Basic facts

A. On August 14, 2017, the Plaintiff: (a) decided to rent KRW 100 million (or KRW 90 million upon entering into a contract for down payment of KRW 10 million; (b) KRW 90 million; and (c) KRW 1.5 million for the rent; and (d) from August 31, 2017 to August 30, 2019, the Plaintiff paid KRW 10 million to the Defendant through a certified brokerage office working at the F-Certified Brokerage Office (hereinafter “instant lease”); (c) on the same day, the Plaintiff paid KRW 10 million for the down payment to the Defendant through G.

B. Meanwhile, the Defendant was unable to complete the registration of transfer of ownership of the instant commercial building due to the Defendant’s failure to pay the balance to C at the time. In consideration of such fact, the said party’s terms and conditions of the instant lease agreement are as follows: “The Defendant is an applicant for a loan of KRW 300 million for the settlement of the balance of the instant commercial building; and the balance is paid as KRW 300

After depositing KRW 90 million, excluding down payment, into the account of C through F real estate, the Plaintiff confirms a receipt proving that the full amount of the purchase price is repaid from C.

The defendant shall receive documents necessary for the transfer of ownership from C and shall verify the receipt of documents received through a certified judicial scrivener to the plaintiff.

The Plaintiff’s deposit KRW 100 million received from the real estate after receiving the full amount of the Defendant’s loan, stated that the lessee becomes liable until the time of the occupancy in the commercial building of this case (Provided, That the same shall not apply to the case where the intermediary is not sexually formed).

(c)

The Defendant was unable to receive a loan from a financial institution until August 31, 2017, which is the remaining payment date, and the Plaintiff confirmed that the remainder of the instant commercial building was not paid at the time when the Defendant met at the F Authorized Brokerage Office’s office on the same day, and subsequently, confirmed that the remainder was not paid to the Defendant.