1. The Defendant (Counterclaim Plaintiff) paid to the Plaintiff (Counterclaim Defendant) KRW 170,000,000 and the amount pertaining thereto from November 12, 2019.

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On April 5, 2018, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a contract with C Co., Ltd. (hereinafter “C”) under which D, E, and F (hereinafter “instant land”) and buildings (hereinafter “the instant building” refers to medical care center; hereinafter “the instant building”) under construction on the ground thereof (hereinafter “the instant real estate”). The said three lots of land and buildings were collectively referred to as “the instant real estate”).

B. On July 2, 2019, the Plaintiff entered into a contract to sell the instant real estate in KRW 4.7 billion (hereinafter “instant contract”). On the same day, the Defendant paid KRW 100 million to the Plaintiff as the down payment.

(c)

On July 8, 2019, the Defendant entered into a contract with C to purchase the instant real estate with KRW 4.5 billion (hereinafter “third sale contract”).

(d)

The Plaintiff prepared a written agreement (hereinafter “instant agreement”) that invalidates the sales contract with C prior to the conclusion of the instant 3 sales contract (hereinafter “instant agreement”).

E. The instant land was registered under the name of the Defendant on August 26, 2019, and the instant building was registered for the preservation of ownership on October 29, 2019.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, Eul evidence No. 1-1 to 4, and Eul evidence No. 2, and the purport of the whole pleadings

2. Determination as to the claim

A. The gist of the plaintiff's assertion 1) In order to implement the second sale contract of this case to the defendant, the contract should be implemented by the plaintiff's transfer of the real estate of this case from C and re-transfer of the real estate to the defendant. The defendant is also obliged to pay the balance after receiving a security loan on the real estate of this case. The defendant is also obliged to pay the balance.