1. The Plaintiff:

A. Defendant B’s KRW 98,700,000 as well as 5% per annum from January 5, 2019 to October 16, 2019.

1. Facts recognized;

A. On March 27, 2017, the Plaintiff (Buyer) entered into a sales contract with Defendant C on behalf of Defendant B (seller) on the following terms with regard to the size of 1,185 square meters and road shares in Cheongbuk-gun, Cheongbuk-do, Cheongbuk-do, and E (hereinafter “instant sales contract”).

- The purchase price of KRW 82.3 million - the down payment of KRW 10 million - the intermediate payment of KRW 20 million (payment on June 16, 2017) - the seller shall perform his/her duty to transfer ownership to the buyer at the same time as the remainder payment is received and the seller shall remove the mortgage, superficies, etc. established on the said real estate from the date of the remainder payment to the date of the remainder payment and transfer the complete ownership to the buyer. - Unless otherwise agreed on the contract termination, the special agreement shall be deemed as the basis for compensation for damages - the contract deposit shall be deemed as the basis for the sale and purchase in the current status, ② the seller shall perform the sale and purchase of access roads, border turbing, etc. (the expenses shall be borne by the seller, until October 31, 2017), and ③ the area of the road, etc. shall be settled in 230,000 won per square year at the time the area is determined

B. According to the instant sales contract, the Plaintiff paid the contract deposit of KRW 10 million on the day of the contract, the intermediate payment of KRW 20 million on June 16, 2017, and KRW 6.4 million on July 6, 2017, including the remainder of KRW 52.3 million on July 6, 2017, and the registration cost, respectively, to Defendant B and Defendant C.

C. Although the Plaintiff paid the purchase price in full, the Defendants did not perform the duty to register the right to collateral security and superficies established on the subject real estate, and did not perform the duty to register ownership transfer, the Plaintiff notified the Defendants of the cancellation of the instant sales contract by serving a duplicate of the complaint of this case.

Defendant C promised to return the above KRW 87 million to the Plaintiff.

(hereinafter referred to as “instant agreement”). [The grounds for recognition] Defendant C: The fact that there is no dispute between Defendant C/ Defendant B, each entry in the evidence No. 1-10, and the purport of the whole pleadings.

2. According to the above findings of determination, the sales contract of this case is the mortgage of Defendant B.