1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 5, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of transfer of ownership was completed due to a compulsory sale by official auction on the same date in the name of the Plaintiff.

B. On January 27, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate by setting the lease deposit amount of KRW 90,000,000 (no monthly rent) and the lease term from March 6, 2015 to March 5, 2017.

C. On January 16, 2017, the Plaintiff concluded a sales contract with E by setting the sales price of KRW 99,500,000 for the instant real estate under the D’s brokerage, which operated the “C Licensed Real Estate Agent Office” (hereinafter “instant sales contract”), and agreed to receive the down payment of KRW 10,000,000 on the date of the said contract from E and deliver the instant real estate to E on February 3, 2017, respectively.

On January 23, 2017, the Plaintiff paid KRW 500,000 to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of claim

A. At the time of the conclusion of the instant sales contract, the Plaintiff’s assertion D consulted on the date of delivery of the instant real estate under the instant sales contract on February 3, 2017, and decided on February 3, 2017. Since then, the Defendant demanded that the Plaintiff bear the director’s expenses, brokerage fees, etc., and the Plaintiff refused such request, the Defendant would not have a director on February 3, 2017, and the Plaintiff would pay KRW 500,000 to the Defendant as the director’s expenses. The Defendant reversed the instant contract on the delivery date of the instant real estate and demanded the Plaintiff to pay the director’s expenses, etc., and thus, the Defendant is obliged to pay the Plaintiff KRW 500,000,000, which was already paid to the Plaintiff as the director’s expenses, etc., and the Defendant is obligated to pay KRW 1,00,000,000.