The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On April 8, 2015, the Plaintiff entered into a contract with C to purchase KRW 690,000,000,000 for the purchase of KRW 1,693 square meters of D forest land and KRW 491.93 square meters of the above ground buildings (hereinafter “instant real estate”) in Sungsung-si, the Plaintiff agreed to pay the down payment of KRW 138,000,000 at the time of the contract.

B. On March 13, 2018, the Plaintiff and the Defendant, who did not pay the remainder of the sales price other than the down payment, drafted a memorandum of understanding with the following content: (a) the Defendant succeeded to the Plaintiff’s status as the purchaser of the said sales contract; and (b) the Plaintiff agreed to lease a part of the instant real estate from the Defendant (hereinafter “instant lease agreement”) (hereinafter “instant letter of understanding”).

The plaintiff actively cooperates with the defendant as to the succession of the real estate sales contract.

The down payment of KRW 140 million on the original real estate sales contract shall be used for the purpose of down payment at the time of succession to the sales contract.

Of the instant real estate, approximately 50 square meters is leased by the Plaintiff (e.g., deposit amount: KRW 10 million, monthly rent of KRW 1 million), and KRW 10 million out of the down payment paid by the Plaintiff is the lease deposit.

Of the initial down payment of KRW 140 million, KRW 130 million, excluding the deposit for lease under paragraph (3), shall be invested by the Plaintiff in the E company and shall be returned at least three years.

The monthly loan interest rate of KRW 130 million in paragraph (4) shall be calculated as the rate of the bank loan interest rate of KRW 10 million and shall be offset against KRW 1 million in paragraph (3).

paragraphs (3) through (5) shall be executed together with the transfer of ownership to E Company B.

(Provided, That from the transfer amount of the real estate in this case and the period of 1-2 months after the occupancy)

C. Meanwhile, prior to the preparation of the above MOU, goods owned by the Plaintiff were stored in the instant real estate.

The Defendant completed the registration of ownership transfer on March 23, 2018 with respect to the instant real estate.

E. Around April 3, 2019, the Plaintiff was placed on the instant real estate.