1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Basic facts

A. A lent approximately KRW 15,00,000 to the Defendant from around 2011 to around 2014.

B. A and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to one-half percent of the E’s share of the KRW 1,423 square meters (hereinafter “instant real estate”) in Yangju-si, the Defendant owned. The sales contract of the instant case stated that “a loan of KRW 14,440 million is arranged as 1/2, l00,000,000,000,000” in the form of the sales contract of the instant case, “one million,000,000,000,000,000,000,000,000,000,000,

C. On October 28, 2015, the Defendant completed the registration of ownership transfer for the instant real estate to F on the grounds of sale as of September 15, 2015.

A A died on December 4, 2017, when the trial was pending in the trial, and the plaintiff(s) and the designated party D succeeded to A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff agreed to transfer 1/2 of the instant real estate to A, instead of paying KRW 15,000,000 to the loan debt of KRW 15,000. The Defendant delayed the performance without paying KRW 144,00,000 for the secured debt of the right to collateral security established on the instant real estate. The Plaintiff sold the instant real estate to F and completed the registration of ownership transfer.

Therefore, the defendant is obligated to pay KRW 15,000,000 and damages for delay to the plaintiff (appointed party) and the appointed party D.

B. The Defendant and A shall offset and dispose of KRW 15,00,000 against the Defendant’s existing loan obligation of KRW 15,000 against the Defendant’s sales amount of KRW 15,00,000 among the instant sales amount, and KRW 72,00,000, out of the remainder of the sales amount, KRW 144,000,000, the secured debt of the right to collateral security established on the instant real estate, in lieu of A’s acceptance of KRW 144,00,00 for the secured debt of KRW 144,00,000, and KRW 3,000 for the Defendant by June 20, 2014.