1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff borrowed KRW 40,000,000 from the Defendant on September 30, 2013 at the interest rate of 30% per annum. The Plaintiff borrowed KRW 19,00,000,000 as C Acceptance Fund, and KRW 21,00,000 as of October 28, 2013, respectively, with the acquisition fund of a stock company.

B. On March 24, 2014, the Plaintiff entered into a sales contract with the Defendant for the real estate 1 through 5 as indicated in the separate sheet (hereinafter “instant sales contract”) and agreed to set the price as KRW 3.5 million. The Defendant agreed to settle all the loan claims and the real estate senior loans and capital gains tax, etc. previously held against the Plaintiff, and to substitute the payment of the purchase price.

On March 26, 2014, the Plaintiff completed the registration of ownership transfer as the receipt No. 18312 on March 26, 2014 with respect to each of the above real estate by the Ulsan District Court Yangsan District Court Yangsan Branch Office.

C. On the same day, the Plaintiff borrowed KRW 35,500,000 from the Defendant for expenses for resolving the provisional seizure of the Seoul Guarantee Insurance Co., Ltd. on March 26, 2014. On March 26, 2014, the Plaintiff completed the registration of the establishment of the neighboring mortgage (hereinafter “the registration of establishment of the neighboring mortgage”) by the Ulsan District Court No. 18310, Mar. 26, 2014, regarding the real estate stated in the Schedule 6, 7, and 8.

On the other hand, on March 24, 2014, the Plaintiff agreed not to raise any objection against the instant sales contract to the Defendant in the future.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 11, 12, and 26, the purport of the whole pleadings

2. The Plaintiff’s assertion and the Defendant agreed on KRW 431,50,000 as the sales price under the instant sales contract, and the Defendant is obligated to pay to the Plaintiff the remainder of KRW 274,849,69,695, excluding KRW 140,650,305 paid by the Defendant in lieu of payment of the sales price and KRW 16,00,000 paid by the Defendant in lieu of payment of the sales price.

On the other hand, however,