1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On September 4, 2017, the Plaintiff purchased a vessel C (1.77 tons of the FRP material, hereinafter “instant vessel”) owned by the Defendant from the Defendant at KRW 470 million, and agreed to pay the down payment of KRW 20 million on the day, the intermediate payment of KRW 150 million is paid until September 18, 2017, and the remainder of KRW 300 million is paid by October 10, 2017, and the bank loans are paid immediately.

(hereinafter “instant sales contract”). B.

Meanwhile, in the instant vessel, the mortgagee’s association (branch), the maximum debt amount of KRW 234 million, and the right to collateral security (hereinafter “instant right to collateral security”) was established against the debtor.

C. The Plaintiff paid to the Defendant KRW 20 million on the day of the instant sales contract as down payment, and paid the intermediate payment KRW 60 million on September 25, 2017, and KRW 150 million on September 26, 2017.

Around September 29, 2017, the Defendant returned KRW 161 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion and the Defendant, taking into account the circumstances under which the procedures for the registration of the transfer of a fishing vessel mortgaged in the leisure viewing at the time of the instant sales contract are limited, the Defendant first cancelled the registration of the establishment of the establishment of the instant vessel as an intermediate payment and agreed to pay the remainder after receiving a loan as security from the Plaintiff, if the Plaintiff pays KRW 150 million as an intermediate payment.

However, the Defendant, upon the receipt of intermediate payment, expressed its intent to refuse to perform its obligations without performing all the obligation to cancel the registration of the establishment of the instant establishment, and the instant sales contract was rescinded by the Plaintiff’s expression of intent to cancel the registration.

Therefore, the defendant is against the plaintiff.