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. Basic facts

A. On December 27, 2011, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a sales contract with D to set the price at KRW 630,734,400 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and paid KRW 63,073,440 as the down payment.

B. On December 201, the Plaintiff purchased the instant real estate by Nonparty Company E, the actual representative of Nonparty Company, upon request from Nonparty Company E to the effect that “if Nonparty Company purchased the instant real estate, and the intermediate payment of KRW 100 million is leased, KRW 100 million will be paid by the end of April 2012, the Plaintiff borrowed KRW 100 million by means of remitting money to Nonparty Company’s account on January 16, 2012. On the same day, Nonparty Company remitted the said KRW 100 million to Nonparty Company D’s account for the said intermediate payment.

C. On March 1, 2012, Nonparty Company: (a) prepared an agreement stating that “The amount of KRW 100 million per annum shall be paid as interest to KRW 100,000 per annum; (b) shall be repaid by April 30, 2012; and (c) shall agree that the Plaintiff shall receive the sales price to be refunded upon termination of the said sales contract directly from D Co., Ltd.”; and (d) delivered it to the Plaintiff.

Since then, the non-party company paid interest of KRW 1 million per month to the plaintiff for five months, but the interest and principal have not been paid thereafter.

E. After the registration of ownership preservation was completed on August 29, 201 with respect to the instant real estate on the same day, the registration of ownership transfer was completed in the name of Czeco Asset Trust Co., Ltd. on the same day, and the registration of ownership transfer was completed on September 8, 201 under the name of D Co., Ltd. on the grounds of the reversion of trust property.

F. On December 7, 2012, the non-party company entered into a sales contract with the Defendant for the instant real estate, and the substantial content of the sales contract is to sell to the Defendant the right to sell the instant real estate by the non-party company.

hereinafter referred to as "the case."