1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On June 9, 2016, a real estate sales contract (hereinafter “instant sales contract”) signed on the part of the Defendant and the purchaser with respect to the area of 370 square meters (hereinafter “instant real estate”) prior to C in the Mapopopo-si owned by the Defendant, stating that the seller as the Defendant and the purchaser were the Plaintiff, and the sales contract was formulated accordingly.

Article 1 of the Real Estate Sales Contract (Sales Price and Time of Payment) (1) The sale price and the time of payment for a purchaser shall be as follows:

The purchase price of KRW 100 million shall be paid at the time of the contract and the intermediate payment of KRW 20 million shall be paid at the time of the contract, and the remainder of KRW 50 million on September 30, 2016 shall be paid at the time of November 30, 2016.

Article 3 (Extinguishment of Rights, etc.) If there is any reason for restricting the exercise of ownership, or the shortage of public charges or other charges, a seller shall remove the defects, burdens, etc. of his/her rights and transfer his/her full ownership before the date of receipt of

Provided, That this shall not apply where otherwise agreed.

B. According to the instant sales contract, Plaintiff or Plaintiff’s husband D deposited KRW 50,000,000 in total, KRW 30,000 on June 10, 2016, and KRW 22,000,000 on September 22, 2016.

C. On June 5, 2017, the Defendant’s husband E, who was substantially involved in the instant sales contract, claimed the cancellation of the instant sales contract, and deposited KRW 60 million in the Plaintiff’s account in the name of the Defendant (i.e., the above KRW 50 million).

Meanwhile, from the time of the instant sales contract to the date of the conclusion of pleadings, the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) consisting of the 110,500,000 won with respect to the instant real estate, which was received on January 29, 2016, and the maximum debt amount of KRW 110,50,000,000 with respect to the instant real estate from the Gwangju District Court, and the debtor F and

【In the absence of any dispute, there is no ground for recognition, the entry of Gap 1 through 4, the result of the order to submit financial transaction information in the first instanceH union on July 10, 2018, and the witness of the first instance court.