Of the judgment of the first instance, the part against the defendant ordering payment exceeding KRW 40,000 shall be revoked.

1. Basic facts

A. On April 14, 2010, the Plaintiff and the Defendant drafted a sales contract stating that “The instant building shall be KRW 1.8 billion, but the down payment amount shall be KRW 1.6 billion on the date of the contract, and the remainder of KRW 200 million shall be paid on April 14, 2012,” stating that the Plaintiff shall sell the instant land and the instant building without permission on the ground (hereinafter “instant building”) to the Defendant, in the manner of concluding the sales contract with the purport that the Plaintiff would sell the instant land (hereinafter “instant land”) and the instant building without permission on the land (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the registration of creation of a neighboring mortgage with the Plaintiff as a debtor and with the Plaintiff as a mortgagee, and the establishment of a neighboring mortgage with the maximum debt amount of KRW 60 million with the Defendant as a mortgagee, respectively. At the Plaintiff’s request, the Defendant paid KRW 353,538,696, and KRW 360,500,000 to the G Association during the period from April 15, 2010 to April 21, 2010, as well as KRW 3538,538,696, and KRW 360,000,000 to H, and KRW 135,50,000,000 to the I, respectively, was revoked due to the termination at that time.

On July 5, 2013, the Defendant paid KRW 28 million to J, the Plaintiff’s creditor, instead of paying the price under the instant sales contract at the Plaintiff’s request.

C. On June 22, 2016, the Plaintiff and the Defendant transferred the ownership of the instant land to the Defendant according to the instant sales contract, and prepared a payment contract in lieu of the purport that “in order to repay the Plaintiff’s debt to the Defendant, the ownership of the instant land shall be transferred to the Defendant.” As to the instant land, the registration of ownership transfer was completed on the ground of payment in substitutes as of June 22, 2016 in the name of the Defendant on June 23, 2016.

The Plaintiff’s instant case between July 13, 2010 and September 30, 2016 to the Defendant.