1. The defendant's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. Although the Defendant is not qualified as a childcare center teacher, at the end of 2014, the Defendant took over the “E childcare center (the name was changed later; hereinafter referred to as “D childcare center”)”, which is a special terms and conditions of the sales contract with the AF-dong, Chungcheongnam-si, Chungcheongnam-si, 2014, and operated the “E childcare center” (the name was changed later; hereinafter referred to as “D childcare center”), and employed the head. Around 2015, the president who worked for his/her own will retire and found a new head.

B. The Plaintiff, around July 2015, requested the sale of the instant childcare center at KRW 450 million to operate the instant childcare center with a large number of 49 “C childcare center” (hereinafter “instant childcare center”).

C. On January 26, 2016, the Plaintiff and the Defendant purchased the child care center of this case in KRW 420 million, but the down payment of KRW 40 million shall be paid in KRW 20 million each on February 28, 2016 and December 30, 2016, and the remainder shall be paid in KRW 380 million each on December 30, 2019, and the remainder shall be paid in KRW 150 million each on December 30, 2019, and the remainder shall be paid in KRW 150 million each on December 30, 2019 (from the remainder date) if the remainder is not paid on the remainder date, to A (seller) within 30 days (from the remainder date).

(hereinafter “instant sales contract”). By December 2016, the Defendant paid KRW 30 million out of the down payment stipulated in the said sales contract to the Plaintiff.

After the conclusion of the instant sales contract, the Plaintiff moved 49 children of the instant childcare center (excluding three children of the Plaintiff) to the head of the D childcare center, and the Plaintiff’s spouse G was in the position of “president” and operated the vehicles of D childcare center.

E. On October 31, 2016, the Defendant sold to Nonparty F a child care center of KRW 2 billion in the real estate price, and KRW 700 million in the rights and facilities, and on June 31, 2016, the Agreement on the Transfer of Rights and Facilities, and the Agreement.