1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On July 9, 2010, the Plaintiff: (a) decided to lease the lease deposit amount of KRW 100,000,000 to the Defendant, Seo-gu Incheon-gu 124, 1904 (hereinafter “instant apartment”) (hereinafter “instant lease contract”); and (b) paid KRW 100,000,000 from the Defendant.

B. On July 16, 2010, the Plaintiff completed the registration of ownership transfer with respect to the instant apartment, and completed the registration of ownership transfer with respect to the new bank, a new bank, the maximum debt amount of which was KRW 240,000,000.

C. Afterward, the Defendant received the instant apartment and completed the resident registration.

The Defendant notified the Plaintiff of the termination of the instant lease agreement on July 11, 2013.

E. On July 22, 2013, the Incheon District Court rendered a voluntary decision to commence the auction of the instant apartment.

F. On September 23, 2013, the Plaintiff sold the instant apartment to E, who is the Defendant’s spouse, based on the following special terms and conditions:

(1) The sales amount of KRW 220,596,485 (2) is the sum of new bank loans, loan interest, overdue interest, auction expenses, and other legal expenses.

(3) The purchase price stated in paragraph (2) above shall take precedence over the purchase price of the contract (220,596,485 won).

(4) At the time of withdrawal of the auction, a refund shall be received from the purchaser.

(5) The terms of this special agreement are determined by agreement between the seller and the buyer.

G. The Defendant filed an application against the Plaintiff for a payment order seeking the payment of the instant lease deposit with the Incheon District Court 2013 tea9618.

On September 12, 2013, the above court ordered payment, and the above payment order reached the plaintiff on December 1, 201 of the same year and became final and conclusive around that time.

(hereinafter referred to as the “instant payment order”). [Grounds for recognition] The fact that there is no dispute, Gap 1 through 6, Eul 1, and the purport of the whole pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion (1) is the sales contract of this case.