1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On January 4, 2014, the Plaintiff entered into a sales contract with the Defendant that: (a) the Plaintiff purchased each purchase price at KRW 132,726,00; (b) the down payment at KRW 26,545,200 (hereinafter “instant sales contract”); and (c) the Defendant paid KRW 53,090,40,00 in total the down payment to the Defendant.

B. Upon entering into the instant sales contract, the Plaintiff entered into a lease agreement with the Defendant, with the content that the Plaintiff leases each of the above stores to the Defendant without a deposit, for a fixed period of five years from the completion date of the registration of transfer of ownership.

(hereinafter referred to as the “instant lease contract”) C.

However, after concluding the contract on the same day, the Plaintiff’s spouse G requested the Defendant’s employees H et al. to cancel the sales contract and refund the down payment.

However, the defendant refused to sell the sales contract to the second shop of this case on the ground that the contract was already concluded, and the contract deposit to the second shop of this case was cancelled only, and the contract deposit to the second shop of this case was replaced by the first intermediate payment of this case.

However, on January 5, 2014, the Plaintiff notified the Defendant’s employees H of the purport that the instant sales contract was concluded by deception and that the return of KRW 53,090,400 already paid should be demanded.

E. Meanwhile, with respect to the 68 stores on the 10th floor of the instant building, including the instant store, deposit amounting to 40,000,000, monthly renting to 11,000,000 (including value-added tax) for the year 2014, monthly renting to 11,170,000 (including value-added tax) for the year 2015, and the lease period from January 1, 2014 to December 31, 2015.