1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 12, 2014 to May 26, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On July 9, 2012, the Plaintiffs entered into a sales contract with the Defendant on the size of 513.7 square meters in Pyeongtaek-si D, and its ground buildings (hereinafter “the instant agreements”) (hereinafter “instant sales contract”), and entered into a sales contract with the Defendant stating that the sales price is KRW 335,00,000,000 for the remainder of KRW 335,000,000 for the sales price and KRW 3350,000 for the remainder of KRW 3,350,000 for the remainder of KRW 3,000,000 for the sales price (hereinafter “instant sales contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs and the Defendant, prior to the preparation of the instant sales contract, made oral payments for the instant franchise amounting to KRW 50 million, but if the Defendant sells the said franchise to another person, only the amount that the Defendant received as a double payment of the down payment to the Plaintiffs, and if the Defendant changed the name of the business operator of the instant franchise to the Plaintiffs, the Plaintiffs agreed to pay the remainder by obtaining a loan from a financial institution as security from the financial institution. The instant sales contract was only drafted formally to obtain a loan.

Although the plaintiffs paid the down payment of KRW 50 million to the defendant, the defendant did not receive the loan because he did not change the name of the business operator of the franchise of this case to the plaintiffs, so the plaintiff is obligated to cancel the sales contract of this case, and the defendant is obligated to pay the down payment of KRW 50 million paid by the plaintiffs as the duty to restore the contract termination and delay damages.

B. The sales contract of this case is authenticly prepared, and the reasons why the plaintiffs first paid KRW 50 million, which is a part of the down payment, is only for the purpose of arranging the above telecom from a third party who intends to purchase the instant telecom, not for the change of the contract price, and under the name of the business operator of the telecom.