1. Of the instant lawsuit, the part concerning the claim for damages concerning the cost of requesting a payment order and the cost of requesting a provisional seizure is dismissed.

2.

1. Facts of recognition;

A. On December 26, 2019, the Defendant purchased Gangwon-gu E-Gun building Fho Lake (hereinafter “instant housing”) from D Co., Ltd. on December 26, 201 as a corporation whose business purpose is real estate development business, sales business, etc., and completed the registration of ownership transfer on the 30th of the same month.

On the other hand, the housing of this case was established with the maximum amount of 70,200,000 won in the name of G, and the right to collateral security against D Co., Ltd.

B. On July 20, 2020, the Plaintiff: (a) determined the sale price of the instant housing as KRW 173 million with the Defendant; (b) paid the remainder KRW 157,77 million as of the time of the contract up to August 20, 2020; and (c) concluded a sales contract with the Defendant with the effect that, upon the Defendant’s request on July 21, 2020, the Plaintiff shall complete the procedure for cancelling the registration of the establishment of the right to collateral security established on the date of the remainder payment and deliver all the documents necessary for the registration of the transfer of ownership of the instant housing when the sale price was paid in full (hereinafter “instant sales contract”). Accordingly, on July 21, 2020, the Plaintiff transferred the down payment KRW 17,300,000 to the Defendant at the request of the Defendant.

(c)

As from July 4, 2019, this part of this case’s housing was leased as KRW 99,50,000,000,000 for lease deposit. However, the Plaintiff believed the Defendant’s horse that the lessee may move into the instant housing if he left and paid the remainder after the Plaintiff’s moving out around July 2020, and terminated the lease contract on the existing housing in accordance with the week following the entry of the instant housing.

However, the defendant failed to return the lease deposit to the lessee due to the reason that the parent company filed an application for corporate rehabilitation, etc., and the lessee filed an application for registration of the right of lease on July 28, 2020.

8.3. Lease, etc. has been made.

(d)

On August 13, 2020, the Plaintiff notified the Defendant of the situation that the Plaintiff should be a director in the existing residence, and the instant housing is the same until August 20, 2020, which is the payment date of the remainder.