1. Revocation of a judgment of the first instance;

In accordance with the selective claims added at the trial, the defendant shall be KRW 200,000,000 to the plaintiff.

1. The following facts may be acknowledged, either in dispute between the parties or in full view of Gap's evidence 1 to 4, 6, 8 through 10, Gap's evidence 11 to 11, Gap's evidence 12, 13, Eul evidence 1-1 to 7, Eul evidence 2-1, 2, Eul evidence 3, Eul evidence 6-1, Eul evidence 6-2, Eul evidence 8, Eul evidence 3 and witness I of the first instance trial and witness of the first instance trial, and Eul's testimony.

On April 7, 2010, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 1.7 billion (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant building”) constructed for the purpose of a hospital (hereinafter “instant building”), and agreed to deliver the instant building immediately to the Defendant for the construction of hospital facilities at the time of the contract, the first intermediate payment of KRW 200 million, the second intermediate payment of KRW 300 million, and the second intermediate payment of KRW 500 million, on April 20, 2010, and the second intermediate payment of KRW 500,000,000 to May 20, 2010, and simultaneously for the construction of hospital facilities.

The Defendant received delivery of the instant building from the Plaintiff at the time of the conclusion of the instant sales contract and carried out the construction work.

B. On the same day, the Plaintiff agreed to lease the part of the funeral hall facilities and the interior thereof by setting the lease deposit amounting to KRW 1.85 billion and the lease period from July 1, 2010 to 72 months (hereinafter “the lease contract in this case”) of the 1,848 square meters of the ground floor (hereinafter “the part of the funeral hall”) scheduled to be used as the funeral hall among the instant building to C, and agreed to conclude the said lease contract with the end of the part of the funeral hall facilities and the interior thereof before the said delivery date.

C. Meanwhile, at the time of the conclusion of the instant sales contract and the instant lease contract, the Plaintiff appropriated the rental deposit to be paid by the Defendant for the purchase price of the instant sales contract. The Defendant agreed to complete the construction of facilities of the funeral hall part by the delivery date of the instant lease contract, and on May 20, 2010.