1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) On May 30, 201, the Plaintiff and the Defendant via E, the Plaintiff, the Plaintiff’s agent and the Plaintiff, on May 30, 201, are 1,147 square meters prior to the F in Seocheon-si, the Defendant’s ownership (hereinafter “instant land”).

(1) A real estate sales contract that purchases down payment of KRW 12,00,000, intermediate payment of KRW 58,000,000, the balance of KRW 50,000,000, and the total amount of KRW 120,00,000,000 (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, at the time of the conclusion of the instant sales contract, the instant land was subject to superficies with three persons holding the right to collateral security, and with three persons holding the right to collateral security, which are each of the right to collateral security, and the instant sales contract was subject to the following special agreements.

The buyer receives the total amount of KRW 51,00,000, KRW 35,000,000, KRW 8,000, and KRW 51,00,000, and interest, including the total amount of KRW 8,000,00, and the total amount of KRW 8,000,000, from G Cooperatives, to clean the registration by the date of the balance payment.

3) On May 30, 201, the Plaintiff concluded the instant sales contract, and paid KRW 70,000,000 to the Defendant on June 15, 201, and additionally paid KRW 15,00,000 to the Defendant on June 15, 2011. (4) The Defendant did not cancel the right to collateral security, etc. established on the instant land even when the Defendant received money in excess of the down payment and intermediate payment as above, and suggested that E, the Plaintiff’s mistake, should first complete the registration of ownership transfer by urging the cancellation of the right to collateral security, and the Plaintiff completed the registration of ownership transfer on the instant land as of November 1, 201.

5) However, the Defendant did not cancel the right to collateral security, etc. on the instant land even thereafter, and the auction was conducted after a voluntary decision on commencement of auction was issued on April 9, 2013 upon the application of the creditor G Union with respect to the instant land, and the auction was made on April 22, 2014, and the Plaintiff lost its ownership. (B) The agreement of this case was dismissed.