A. On May 23, 2016, the real estate listed in the attached list (hereinafter “instant apartment”) completed the registration of ownership transfer in the Defendant’s future (hereinafter “instant registration of ownership transfer”) with the Cheongju District Court’s Audio Registry on June 30, 2016 received on the ground of the sales contract on May 23, 2016.

B. On June 16, 2016, the Defendant completed the registration of establishment of a collateral security on the instant apartment to the Cheongju Livestock Industry Cooperatives with the Cheongju District District Court’s Audio Registry No. 23561, Jun. 30, 2016; the Defendant completed the registration of establishment of a collateral security on the basis of the contract to establish the instant apartment; and on July 1, 2016, the former senior collateral security was entirely cancelled.

Since then, on July 21, 2016, the Defendant completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 30,000,000,000, the debtor, the debtor, and the mortgagee C, under Article 26325 of the same registry office as of July 22, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Summary of the parties' arguments;

A. Plaintiff 1) Although the Plaintiff entered into a sales contract with the Defendant for the instant apartment, the Plaintiff was obligated to pay to the Defendant the down payment of KRW 5,000,000 and the director’s cost of KRW 2,00,000,000. Therefore, the Defendant is obligated to cancel the registration of ownership transfer of the instant apartment and deliver the instant apartment to the Plaintiff, and there is a duty to return the rent and unjust enrichment equivalent to the rent for the use of the instant apartment. 2) If the sales contract for the instant apartment was not rescinded by agreement, the Defendant is obligated to pay the Plaintiff the down payment of KRW 5,00,000 and the remainder of KRW 23,00,000 that was returned to the Plaintiff upon the performance of the said sales contract.

B. Upon introduction of Defendant D, the Defendant decided to purchase the ground beer seeds from the Plaintiff in terms of KRW 20,000,000, and paid KRW 5,000,000 out of the amount of KRW 8,000,000, the amount of which is 40%.

D. . ...