1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Around December 2006, the fact of recognition C entered into a contract on behalf of the Defendant to purchase KRW 670,000,000 of the purchase price of KRW 3,305 square meters in the Jung-gu Incheon Metropolitan City owned by D and D (hereinafter “instant sales contract”). At the time of the instant sales contract, C entered into the purchase price for KRW 670,00,000 on behalf of the Defendant (hereinafter “instant sales contract”). At the same time, it

After that, due to the seller’s circumstances, the size of land for the purpose of sale was reduced to 2,644 square meters (hereinafter “instant land”). Accordingly, the sales price under the instant sales contract was reduced to 536,00,000 won, which is the final subject matter of the instant sales contract.

On October 26, 2007, the establishment registration of a neighboring community (hereinafter “mortgage”) which was made up of the maximum debt amount of 390,000,000,000 won for the instant land, the debtor I, the mortgagee I, and the mortgagee of the right to collateral security, was completed. On January 201, the Bupyeong-dong Saemaul Depository filed an application for auction to exercise the security right to the instant land with the J of the Incheon District Court. At the above auction procedure, the instant land was sold to the third party on October 10, 201.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s primary cause of claim: (a) the Plaintiff, in default of a sales contract, purchased shares of 1/2 of the instant land that the Defendant agreed to purchase from D in a state of non-performance; (b) at the time, the purchase price was KRW 294,00,000, but the name of the share holder was left in D, and then the purchaser would be sold in physical color; (c) the purchase price acquired after resale was divided by 1/2; and (d) the Defendant agreed to implement the registration of ownership transfer to the Plaintiff, unless the resale was conducted.

After that, even if the Plaintiff paid the full amount of the above purchase price, the Defendant secured its loan obligations on the land of this case.