1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from May 15, 2019 to October 24, 2019 to the Plaintiff.

1. Facts of recognition;

A. On August 3, 2018, the Plaintiff purchased the Defendant’s share (36.82/331) among the Defendant’s shares (hereinafter “instant real estate” in combination with the said site) and the said site among the detached houses located on the land of Jongno-gu Seoul, Jongno-gu, Seoul, for a price of KRW 90 million; the down payment of KRW 20 million shall be paid at the time of the contract; the remainder of KRW 70 million shall be paid on September 29, 2018; instead of paying a part of the remainder, the Plaintiff entered into a sales contract with the Defendant to the effect that the Plaintiff succeeds to the Defendant’s debt of KRW 46 million against the Defendant E Association.

(hereinafter “instant sales contract”). B.

On July 21, 2018, the Plaintiff deposited KRW 10 million to the Defendant as a provisional contract deposit. On August 3, 2018, the Plaintiff concluded the instant sales contract, and deposited the remainder down payment of KRW 10 million (=20 million - 10 million).

C. On September 14, 2018, the Plaintiff and the Defendant visited the E Association to verify whether it is possible to succeed to the obligations of the E Association, which was to substitute for the payment of a part of the remainder of the Plaintiff under the instant sales contract, and provided a guidance from the said E Association to the effect that it is impossible to succeed to the obligations of the said E Association. As to the contents of the instant sales contract, the Plaintiff and the Defendant were able

On September 21, 2018, the Defendant served on the Plaintiff a content-certified mail stating that “the instant sales contract was not concluded by mutual agreement. The full down payment is expected to be returned after the occupancy of a lease contract.”

E. On September 28, 2018, the Plaintiff deposited the deposited amount of KRW 70,000,000 with the deposited person as the Defendant in this Court No. 23267, Sept. 28, 2018, the Plaintiff deposited the deposited amount of KRW 70,00,000,000, which came into a problem in the process of succession between the deposited person and the deposited person, and eventually, the deposited person paid the deposited amount of KRW 70,00,000, and received documents necessary for the registration of transfer of ownership.

(e).