1. The plaintiff's claim is dismissed.

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

1. On August 27, 2012, the Plaintiff drafted a sales contract stating that the Plaintiff shall sell the building C and 302 (D; hereinafter “instant real estate”) for KRW 130 million between the Defendant and the Defendant (hereinafter “instant sales contract”).

On September 7, 2012, the Plaintiff completed the registration of ownership transfer in the name of the Defendant on the grounds of "trade on May 21, 2012".

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

2. The parties' assertion

A. The Plaintiff’s assertion that the purchase price is KRW 130 million or the actual purchase price is KRW 15 million, and the Plaintiff received KRW 70 million from the Defendant. As such, the Defendant is obligated to pay the remainder of the purchase price and damages for delay thereof to the Plaintiff.

B. The Defendant asserted that “after completing the registration of transfer of ownership in the name of the Defendant with respect to the instant real estate, the instant real estate was loaned under the name of the Defendant as security, and the loan was made according to the Plaintiff’s request.” The Defendant stated that the sales contract of this case was made in the form of KRW 130 million upon the Plaintiff’s request that the maximum amount of the loan should be received.

The Plaintiff used the instant sales contract to obtain a loan of KRW 65 million in the name of the Defendant as a security. As the Plaintiff was unable to repay the said loan, the Plaintiff requested the Defendant to purchase the instant real estate at KRW 70 million. As to the payment method of KRW 70 million, the Plaintiff and the Defendant agreed to pay KRW 65 million to the Defendant, and set off the remainder amount of KRW 5 million against the Defendant’s loan claim against the Plaintiff.

Therefore, since the Defendant paid the full amount of the purchase price agreed to the Plaintiff, there is no further payment.

3. Determination

(a) The court shall, in so far as the authenticity of the disposal document is recognized;