1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On September 7, 2012, the establishment registration of a neighboring mortgage under the name of the maximum debt amount of KRW 946,800,000 (the actual collateral amount of KRW 850,000,000) on September 7, 2012 and the registration of a provisional registration right claim for transfer of ownership under the name of the debtor, the debtor, the National Federation of Fisheries Cooperatives (hereinafter referred to as the “NF”) on the same day as of January 7, 2015, and the provisional registration right claim for transfer of ownership under the name of K (the actual collateral amount of KRW 30,000,000) was completed on the ground of promise to trade on the same day as of January 7, 2015.

B. C, as the Defendant’s spouse on February 15, 2016, decided to purchase the instant real estate in total at KRW 1.3 billion between L and L on the same day, and remitted the down payment KRW 200 million to the Defendant on the same day.

However, at the time, the establishment registration of a neighboring mortgage in the name of the Suhyup was completed, and C and L, as well as the buyer’s succession to the existing funds of the Defendant, are subject to additional loans of KRW 200 million as security, but for this purpose, a so-called business (UP) contract stating the purchase price (1.5 billion won) higher than the actual purchase price (1.3 billion won) was entered as follows.

(hereinafter referred to as “first sale contract”). The remainder of KRW 1.5 billion (payment on the day of the contract): 1.3 billion (payment on the day of the contract): the seller or the purchaser, who has failed to perform any of the terms and conditions of this contract, shall be notified in writing to the person who has failed to perform the contract and may cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. Any balance arising from loans from financial institutions;