1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 14, 2015, the Plaintiff entered into a sales contract with the Defendant, setting the sales amount of KRW 576 million for Seongdong-gu Seoul, Seongdong-gu, Seoul, and for housing of KRW 106 square meters and its ground brick slickbrobs on the ground (hereinafter “instant real estate”), which is owned by the Defendant (hereinafter “instant sales contract”).

B. According to the instant sales contract, KRW 30 million out of the sales price was paid at the time of the contract, the intermediate payment of KRW 50 million on March 30, 2015, and the remainder of KRW 496 million on May 6, 2015, respectively, at the same time as the registration of ownership transfer on May 6, 2015. The remainder that the Plaintiff agreed to take over KRW 450 million, which the Defendant actually paid on the outstanding payment date (= KRW 496 million - 45 million) was the remainder that the Defendant actually paid on the outstanding payment date.

In addition, at the time of the instant sales contract, the collective security holder, including the maximum debt amount of KRW 35 million, KRW 18.2 million, and KRW 45.5 million, established three collective security rights (hereinafter “each of the instant collective security rights”) which are the one-dong Saemaul Depository (hereinafter “Sule Saemaul Depository”), which was established by the mortgagee of the instant real estate (hereinafter “the instant collective security rights”). However, the Plaintiff and the Defendant stated in the instant sales contract as a special agreement that “he cooperates in the succession to each of the instant collective security rights” as the content of the agreement.

C. The Plaintiff paid the Defendant the down payment of KRW 30 million on the day of the sales contract, but did not pay the intermediate payment and the remainder thereafter.

[Ground of recognition] Facts without dispute, Gap 1, 3, and 4 evidence (including paper numbers; hereinafter the same shall apply), witness D, and E's testimony and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion did not have enough funds, and the Plaintiff entered into the instant sales contract with the intent to succeed to each of the instant collateral loans and to pay a balance with the secured loans, and subsequently, entered into a sales contract, and subsequently, finites that it is difficult to succeed to loans from community credit cooperatives