1. The Defendant’s KRW 250,000,000 as well as 5% per annum from January 9, 2019 to February 6, 2020 as to the Plaintiff.

1. Basic facts

A. On August 30, 2017, the Defendant completed the registration of ownership transfer on July 4, 2017 with respect to a 7-story telecomer building (hereinafter “instant building”) on the ground of sale and purchase on July 4, 2017. On August 30, 2017, the Defendant completed the registration of ownership transfer to D Company on the ground of trust on the same day.

B. On January 23, 2018, the Plaintiff concluded a lease agreement with the Defendant on the instant building with respect to the following terms:

(hereinafter “instant lease agreement”). Deposit of KRW 600,000,000 is paid at the time of the contract, and the balance of KRW 300,000,000 shall be paid at the time of payment for the down payment of KRW 300,000,000 and paid on March 2, 2018.

Special agreement shall be entered into between March 2, 2018 and March 1, 2020 during the lease period of KRW 25,000,000 (excluding value-added tax) per month;

4. The current owner D and the defendant, who is the trustee, are to confirm the original trust register and enter into a contract with both parties, and terminate the trust by exchanging the trust with one financial right at the time of the balance and set up a lessee's deposit money.

C. On January 24, 2018, the Plaintiff paid a down payment of KRW 300,000 to the Defendant.

On March 4, 2018, the Plaintiff expressed to the Defendant the intent to cancel the instant lease agreement.

E. On April 19, 2018, the Defendant paid KRW 50,000 to the Plaintiff.

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

2. The parties' assertion

A. In accordance with the terms and conditions of the instant lease agreement, the Defendant: (a) should exchange the trust with one financial right until the remainder payment date; and (b) did not exchange the trust until March 2, 2018, which is the remainder payment date; and (c) the contract was rescinded upon the Plaintiff’s declaration of intent to cancel the contract.

Since the Defendant returned KRW 50,000,000 on April 19, 2018, the remainder of KRW 250,000 shall be paid.

Preliminaryly, if the defendant is not a party, the amount that the defendant received is unjust enrichment, and thus, he must pay KRW 250,000 to the plaintiff.

B. Defendant 2