1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 28, 2005, C and the Defendant drafted a sales contract with the purport that C sell 22 parcels, including 30,125 square meters, prior to Chuncheon City D (hereinafter “each of the instant parcels”) to the Defendant for KRW 150 million.

B. On November 23, 2005, C completed each registration of ownership transfer on November 17, 2005, with respect to four parcels of land in this case, including 886 square meters, in Chuncheon City, E, and on the same day, with respect to eight parcels of land in this case, including 1,041 square meters, from among each land in this case, to the Plaintiff on the same day.

C. On the other hand, on May 10, 2006, the Plaintiff issued to the Defendant a certificate of borrowing that the Plaintiff would pay the Defendant KRW 25 million borrowed from the Defendant by October 30, 2006.

(hereinafter “this case’s loan certificate”). D.

On October 18, 2006, the Defendant remitted KRW 30 million to the Plaintiff. On October 28, 2006, the Plaintiff transferred KRW 30 million to the Defendant on October 28, 2006.

E. The Defendant filed an application with the Plaintiff for a payment order against the Plaintiff based on the instant loan certificate as to KRW 25 million and its delay damages. On August 23, 2011, the Plaintiff issued an order to pay “the Plaintiff shall pay KRW 25 million to the Defendant and its delay damages.”

(hereinafter “instant payment order”). On August 29, 201, the Plaintiff received the instant payment order, but did not raise an objection within the objection period, and accordingly, the instant payment order was finalized on September 15, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 12, Eul evidence No. 2, the purport of the whole pleadings

2. Determination:

A. The Defendant’s assertion that: (a) KRW 1 won was the preparation of the loan certificate of this case; and (b) the Plaintiff sold eight parcels of the instant land purchased by the Defendant from C to the Plaintiff not for KRW 100 million; and (c) the registration of ownership transfer was completed in advance to the Plaintiff without receiving the remainder of KRW 25 million; and (d) the loan certificate of this case pertains to the remainder of KRW 25 million.

2.3.