1. The Defendant’s KRW 76,948,607 as well as the Plaintiff’s annual rate from August 21, 2014 to April 10, 2015.

1. Basic facts

A. On April 201 or around May 2012, the Plaintiff entered into a lease contract with the Defendant with the amount of KRW 130 million on the lease deposit for the Ulsan Jung-gu C apartment1 Complex No. 102, Dong 402 (hereinafter “instant apartment”).

(hereinafter “The lease contract of this case”). The Plaintiff paid KRW 130 million to the Defendant around that time.

B. The Defendant completed the registration of ownership transfer of the instant apartment on May 22, 2012.

Then, on May 25, 2012, the Defendant completed the registration of the establishment of the instant apartment on the following grounds: (a) on May 25, 2012, the establishment of the mortgage, which is “creditor Mungsan Agricultural Cooperative, the maximum debt amount”

C. On December 11, 2013, the Gyeongsan Agricultural Cooperative applied for the auction of the apartment of this case at the time of the establishment registration of the said apartment (hereinafter “instant auction”) and withdrawn the said application on December 24, 2013.

Nonparty D and E purchased the instant apartment on December 23, 2013, and completed the registration of ownership transfer for the instant apartment on January 10, 2014.

E. On January 10, 2014, the Plaintiff removed from the apartment of this case.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 6, 7 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) and the Defendant agreed to the effect that “the instant pre-sale contract is cancelled and the instant apartment is sold to a third party and the sales price is used for the return of the pre-sale deposit under the instant pre-sale contract” at the time of the application for the auction of the instant case.

(B) After selling the apartment of this case to D and E, the Defendant only paid KRW 45,051,393 as the refund of the deposit for the lease on a deposit basis under the lease on a deposit basis under the lease on a deposit basis (i.e., the payment of KRW 40,751,393, the payment of KRW 4.3 million).

(C) The Defendant is obligated to pay to the Plaintiff the remainder of KRW 84,948,607 (=130 million - 45,051,393) and delay damages.

(2) The defendant's assertion (A) is that the defendant sells the apartment of this case.