1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's primary claim corresponding to the revoked part is revoked.

1. Basic facts

A. On January 9, 2017, the Plaintiff and the Defendant: (a) drafted a sales contract stating that the Plaintiff, via H, sells E Apartment Fho Lake (hereinafter “instant real estate”) located in Jeonsung-gun, Jeonsung-gun, to the Defendant for KRW 170,00,000,000 for the purchase price;

(hereinafter “instant sales contract”). B.

On January 18, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate to the Defendant on January 9, 2017.

C. On January 23, 2018 and November 13, 2018, the Plaintiff sent each content-certified mail to the Defendant seeking payment of the remainder of KRW 45,00,000 for the purchase price of the instant real estate.

On May 2019, the Plaintiff filed a complaint with the Gwangju District Public Prosecutor’s Office for embezzlement or fraud with the purport that “H, if he was to conduct the Plaintiff’s agent, and to enter into a sales contract for the instant real estate, he embezzled the balance of the purchase price, and if not, he was to act on behalf of the Plaintiff, H acquired money equivalent to the balance of the purchase price by deceiving the Plaintiff and taking it out.”

(hereinafter referred to as "related complaint case"). [Grounds for recognition] The fact that there is no dispute, entry in Gap evidence 1 through 4, and 7 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The primary claim Defendant concluded a sales contract with the Plaintiff on the instant real estate, and did not pay any balance of the purchase price to the Plaintiff even after completing the registration of ownership transfer on the instant real estate. Therefore, the Plaintiff seek payment of the remainder of the purchase price of KRW 45,00,000 and damages for delay thereof to the Defendant. 2) If the sales contract was not concluded between the Plaintiff and the Defendant on the instant real estate, the Defendant merely concluded a title trust agreement with H that concluded the sales contract on the instant real estate and completed the registration of ownership transfer under the Defendant