1. The defendant shall receive KRW 52 million from the plaintiff at the same time, and the real estate stated in the attached Table shall be the plaintiff.

Facts of recognition

On February 7, 2017, the Plaintiff prepared a real estate lease agreement (Evidence A2) with the Defendant, stating that the Plaintiff leased the instant real estate to the Defendant for a period of two years from February 23, 2017 (i.e., the remainder of KRW 10 million (=the remainder of KRW 50 million).

On January 30, 2017, the Defendant received a receipt (No. 1) from the Plaintiff on January 30, 2017, stating that the Defendant received KRW 10 million as the down payment clause of the said lease contract, and wired KRW 42 million to the Plaintiff’s account on February 23, 2017, which is the remainder payment date agreed.

(A) On February 16, 2017, the Defendant, after completing the move-in report on February 16, 2017, continued to reside in the instant real estate with the wife, and on January 2019, notified the Plaintiff of the refusal to renew the lease agreement that the lease contract was terminated on February 23, 2019, and immediately refund the deposit amount of KRW 60 million to the Plaintiff.

[Ground] The court below held that the plaintiff leased the real estate of this case to the defendant according to the above facts without dispute, Gap 1 through 4, Eul 1 through 3, and the whole purport of the pleading, and the judgment of the court below as to the claim for delivery.

The plaintiff asserted that "the defendant was granted a loan to use the real estate of this case free of charge, but it is difficult to accept it in light of the following circumstances." However, there is no evidence otherwise.

In the presence of a licensed real estate agent, the plaintiff and the defendant prepared a lease contract in a fixed manner, and the defendant received the move-in report and the fixed date.

According to the above evidence, at the time of the Defendant’s preparation of the instant lease agreement, the fact that the Defendant actually paid KRW 52 million to the Plaintiff.

On February 23, 2017, the Plaintiff received KRW 42 million from the Defendant on February 23, 2017, again, to Nonparty C, the mother of the Defendant, KRW 32.2.3 million.