1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On January 30, 2007, the Plaintiff purchased the right to occupy a commercial building in the Seoul E Housing Site Development Zone (hereinafter “right to occupy”) from the Defendant for KRW 65 million (hereinafter “each of the instant sales contracts”).

B. Each of the instant sales contracts contains the following: (a) the Plaintiff delegated the Defendant with the initial right to lease the commercial buildings sold in lots on the basis of the occupancy right; (b) the principal of the sales price is liable to the Defendant; and (c) the distribution of 1/2 in cases where profits accrue

C. The Plaintiff paid KRW 65 million to the Defendant according to each of the instant sales contracts.

(A) On January 3, 2017, before the conclusion of each of the instant sales contracts, the payment was made in advance on January 5, 2017). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 3, and the purport of the entire pleadings.

2. Summary of the plaintiff's assertion

A. The Plaintiff requested the Defendant to sell the right to move into the Seoul E Housing Site Development Zone by failing to purchase the first floor which was desired in the drawing of the right to move into the Housing Site Development Zone.

Upon the above request, the Defendant sold the right to move in in the name of C to F, but paid only KRW 15 million out of the purchase price to the Plaintiff.

B. On May 31, 2007, the Plaintiff paid 20 million won to the Defendant as the down payment for the sales contract based on the right of occupancy in the name of D, but the Defendant failed to acquire the ownership of the commercial building based on the right of occupancy by neglecting the obligation to pay the intermediate payment and the balance under the sales contract.

C. The Defendant, in accordance with the agreement on guaranteeing the principal under the instant sales contract, was obligated to pay the purchase price of KRW 65 million and the down payment of KRW 85 million, which is the sum of KRW 20 million under the instant sales contract, but paid KRW 15 million.

Therefore, according to the above agreement, the Defendant is obligated to pay the remainder of KRW 70 million to the Plaintiff (=85 million - 15 million) and damages for delay.

3. The defendant's judgment on the legitimacy of the lawsuit is granted a decision of immunity from the court.