1. The defendant shall receive KRW 18.9 million from the plaintiff at the same time, and at the same time, the plaintiff shall be on the 2604m2, Jeonnam-gun, Seoul-gun.

1. Basic facts

A. On April 14, 2010, the Defendant entered into a long-term lease agreement (hereinafter “instant lease agreement”) between the Korea Rural Community Corporation and the Korea Rural Community Corporation on the real estate stipulated in paragraph (1) of this Article, which is one’s own ownership (hereinafter “instant real estate”). As to the rent of KRW 63 million and the period from April 14, 2010 to April 13, 2020, the Defendant concluded the instant lease agreement (hereinafter “instant lease agreement”).

On April 15, 2010, the Defendant entered into a mortgage agreement with the Korea Rural Community Corporation in which the maximum debt amount is KRW 88,190,000 between the Korea Rural Community Corporation and the Korea Rural Community Corporation, and on the same day, completed the registration of creation of mortgage with the Korea Rural Community Corporation. The Defendant was paid KRW 63 million on April 16, 201 from the Korea Rural Community Corporation.

B. On April 26, 2010, the Korea Rural Community Corporation concluded a sublease contract (hereinafter “instant sublease contract”) between the Plaintiff and the Plaintiff, setting the rent of KRW 6.3 million per annum (total rent of KRW 63 million) and the lease term from April 26, 2010 to April 13, 2020 with respect to the instant real estate, and the Plaintiff cultivates the instant real estate up to the date.

C. From January 15, 2011 to January 15, 2017, the Plaintiff paid 40,100,000 won as rent under the instant sublease contract to the Korea Rural Community Corporation, and additionally paid 18,90,000 won to the Korea Rural Community Corporation in the future.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff purchased the instant real estate between the Defendant and the Defendant on Apr. 1, 2010 in KRW 17 million. However, the Plaintiff directly paid KRW 40 million out of the purchase price, and the remainder of KRW 63 million in advance, through a long-term lease contract with the Korea Rural Community Corporation, shall receive KRW 63 million from the Korea Rural Community Corporation as advance payment of rent, but if the Plaintiff is able to pay the purchase price, the Defendant shall return it to the Korea Rural Community Corporation.