1. Revocation of the first instance judgment against the defendant.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

1. Basic facts

A. Relevant Party 1) D Co., Ltd. (hereinafter “D”).

) The apartment complex and commercial building in the Yongsan-gu Incheon Metropolitan City E (hereinafter referred to as “H apartment and commercial building”).

2) The promotion company and the promotion company (hereinafter “promotion company”) signed a contract with D and constructed H apartment and commercial buildings.

3) The Plaintiff entered into a real estate security trust agreement with D and completed the registration of ownership transfer for H apartment and commercial building on the ground of trust. 4) The Defendant entered into a sales contract with D on real estate among H apartment units listed in the attached Table (hereinafter “instant apartment”).

B. D on July 24, 2007, the sales contract between D and the Defendant was concluded on July 24, 200 to sell the apartment of this case to the Defendant instead of paying KRW 550,670,00 among the existing obligations owed by D representative director F against the Defendant, and the sales contract concerning the apartment of this case was concluded between D and the Defendant (the sales price: KRW 550,670,000, hereinafter “instant sales contract”).

2) The sales contract of this case provides that “The supply price shall be deposited into a deposit account (I) in the name of the national bank under the name of the forest land construction and promotion enterprise, and it shall not be recognized if it is paid by any other means (Article 1(2)).” In addition, the sales contract of this case is made at the end of the contract and the name and seal of the promotion enterprise.

3) On July 24, 2009, D drafted a receipt to the Defendant that the sales price under the instant sales contract was fully paid. On September 25, 2009, D deposited KRW 10 million into the said designated account under the Defendant’s name. D’s trust contract 1) between D and the Plaintiff on November 23, 2009.