1. Defendant B, upon a claim that had been changed in exchange in this court, paid the Plaintiff KRW 16,00,000 and the same.

1. Basic facts

A. On October 31, 2016, the Plaintiff entered into a sales contract with Defendant C, a licensed real estate agent, for the sales of the D Apartment No. 103 Dong 403 (hereinafter “instant building”) owned by the Plaintiff, with Defendant C, with the sales price of KRW 162 million, and the down payment of KRW 16,000,000 on the date of the contract, and the remainder 146,000,000 on the date of the contract, and the remainder 146,000,000 on December 26, 2016 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid down payment of KRW 16,00,000 via Defendant C.

B. At the time of the conclusion of the instant sales contract, the instant building: (a) the maximum debt amount of KRW 169,00,000; (b) KRW 13,000,000; (c) KRW 15,000; and (d) KRW 20,00,000,00 with the maximum debt amount of KRW 15,000 with the mortgagee E; and (b) the Plaintiff and Defendant B agreed to cancel the remainder payment upon the conclusion of the instant sales contract; (c) the Plaintiff and Defendant B agreed to cancel the remainder payment with the special terms and conditions while concluding the instant sales contract; (d) even if the Plaintiff paid the remainder on the payment date of the remainder, it was impossible to cancel the remainder payment on several occasions.

C. In addition, on February 3, 2017, where the payment of the remainder of the instant sales contract was postponed, Defendant C attempted to draw up a certificate of confirmation (hereinafter “instant certificate”) stating that “The Plaintiff, who moved in the instant building prior to the payment of the remainder, resides in without any special burden except management expenses until the remainder payment, and if the issue arises in the amount of KRW 16,00,000,000, Defendant C would be responsible for the said amount, but the Plaintiff refused to receive the said certificate and discarded it.”

Since then, the Plaintiff and Defendant B agreed to cancel the instant sales contract on February 6, 2017, and the Plaintiff entered into the instant sales contract.