1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 26, 2011, the Plaintiff entered into a sales contract with the Defendant for KRW 1/2 equity (hereinafter “instant real estate sales contract”) out of KRW 95 million in the cement brick structure 38.28 square meters in the first floor of cement C (Seoul Seongbuk-gu, a road name address), and the second floor of C C (Seoul Seongbuk-gu, Seoul), the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, and the 19.14 square meters in the underground room (hereinafter “instant real estate”). In relation to the payment of the purchase price, the Plaintiff agreed as follows.

-The amount of KRW 9.5 million and the intermediate payment of KRW 28.5 million paid on August 26, 2011 - the remainder amount of KRW 57 million paid preferentially at the time of the execution of C’s land payment;

B. On August 26, 2011, E, the representative director of the Defendant, borrowed KRW 50 million from F as security the instant real estate owned by the Plaintiff, and paid KRW 38 million among them to the Defendant as down payment and intermediate payment according to the instant sales contract.

F has completed the registration of the establishment of a neighboring mortgage of the Plaintiff and the maximum debt amount of KRW 75 million with respect to the instant real estate on the same day.

C. Upon F’s application, the Seoul Central District Court G opened the auction procedure for the instant real estate as to the instant real estate, and H completed the registration of ownership transfer on June 2, 2013.

[Ground of recognition] Unsatisfy, entry of Gap 1, 3, and 4 evidence, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff is not able to transfer the registration of ownership transfer of the real estate of this case to the defendant as the plaintiff started auction due to the defendant's failure to pay interest on the loan to F. Thus, pursuant to Article 538 of the Civil Code, the defendant is obligated to pay the plaintiff the balance of 57 million won under the contract of this case

The defendant applied for an auction of the real estate of this case to the plaintiff on the basis of the claim against the plaintiff, and the plaintiff did not make any effort to stop the auction.