1. The Defendant’s KRW 42.5 million with respect to the Plaintiff, and 5% per annum from August 30, 2016 to March 29, 2017, and the following.

1. Basic facts

A. On July 17, 2012, the Defendant agreed to sell and purchase C Apartment Nos. 102 and 603 (hereinafter “instant real estate”) at the same time in the same year and pay to the Plaintiff 1/2 of the remainder remaining after subtracting the deposit for lease from the purchase price.

(hereinafter “instant agreement”). At the time of the instant agreement, the Defendant was liable for the financial institution’s obligation under the name of the Defendant, but the amount does not exceed KRW 110 million.

B. On August 22, 2012, the Defendant entered into a lease agreement with D and the instant real estate amounting to KRW 1.5 million (hereinafter “instant lease agreement”).

C. On April 1, 2014, the Defendant sold the instant real estate in KRW 195 million to E, and received full payment until April 29, 2014.

[Reasons for Recognition: Facts without dispute, entry of evidence No. 1, purport of the whole pleadings]

2. Assertion and determination

A. 1) The Plaintiff’s assertion that the amount of the deposit was deducted from the purchase price at the time of the instant agreement was first concluded, and the Defendant paid a debt to the financial institution as the deposit, and then divided the amount calculated by subtracting the amount of the debt at the time of the instant real estate purchase price. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 85 million (=195 million - 110 million) calculated by dividing the remainder of the amount of the debt to the financial institution at the time of the purchase price by half of the purchase price, which is 42.5 million won (=2) since the amount of the deposit was not specified at the time of the Defendant’s allegation, the Defendant did not have any specific amount of the deposit at the time of the instant agreement, and thus, is obligated to pay KRW 45 million (=195 million - 150 million - 150 million) calculated by subtracting the deposit from the purchase price, which is divided by half of the amount of the deposit under the instant lease agreement.

B. 1) The content of the instant agreement (i.e., the instant lease agreement did not exist at the time of the instant agreement, and thus, the Defendant following the instant agreement.