1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation on this part of the facts is as follows. After the second sentence of Article 10 of the judgment of the court of first instance, the court added “(the plaintiff was led to a confession on the date of the first instance court’s date of pleading of the fact that the payment period of the purchase price in this case was July 10, 2003, but the confession was revoked on the date of the third day of pleading of the court of first instance, but there is no evidence to prove that the confession was contrary to the truth and due to mistake, and there is no validity of the revocation of the confession above)” and the second sentence of Article 15 of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, except that the "amount of the claim" in the second sentence of

2. Determination

A. (1) On the assertion that there is no secured claim on the instant mortgage registration, the Plaintiff asserted that the sales price of the instant real estate was KRW 350 million on the premise that the area of the instant real estate was 100 square meters, and in fact, the area of the instant real estate is 82 square meters, and thus the sales price is 287 million won. The Plaintiff already paid KRW 290 million to the Defendant with the sales price, and thus, there is no secured claim on the instant real estate registration.

(2) However, the mere descriptions of the evidence Nos. 2 and 3 are insufficient to acknowledge the fact that the Plaintiff and the Defendant, at the time of the instant sales, set the sales amount of KRW 3.5 million by multiplying the sales amount by KRW 3.5 million, on the premise that the area of the instant real estate was 100 square meters, and there is no other evidence to prove otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

B. On the argument that the secured claim in the registration of the instant collateral security has expired by prescription, (1) the secured claim in the registration of the instant collateral security is the sales price claim and pursuant to Article 162(1) of the Civil Act.