1. The plaintiff's appeal is dismissed.

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

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

1. Basic facts

A. On July 15, 2013, the Plaintiff entered into a sales contract. On July 15, 2013, the Plaintiff: (a) on the part of the Defendant, the Plaintiff, the Plaintiff owned, 106.92 square meters of land C 869 square meters; and (b) Class 2 neighborhood living facilities of the second class 106.92 square meters (Dong 1); and (c) 198 square meters (Dong 2); and (d) the Plaintiff

A) The real estate sales contract (Evidence A) was prepared to sell KRW 396,500,000 and pay the price on the same day (hereinafter “instant sales contract”).

(2) According to the above real estate sales contract, the Defendant acquired 210,000,000 won as collateral against the secured debt of the Sungsung Saemaul Depository (Before the change thereof), which was established on each of the instant real estate, and substituted for the payment of the said purchase price. The Plaintiff had a special agreement on July 31, 2013, taking interest on the secured debt up to July 31, 2013, and cancelling all kinds of seizures of the secured debt, which was established on each of the instant real estate.

B. Around September 26, 2013, the Defendant completed the registration of ownership transfer based on the instant sales contract with respect to each of the instant real estate (hereinafter “instant real estate”). However, as the Plaintiff failed to pay interest to the Seosung Saemaul Community Depository, the Seosung Saemaul Community Depository, which is the first collateral security, rejected the Defendant’s acquisition of collateral obligation, filed an application for voluntary auction of each of the instant real estate with the Suwon District Court G, and received a decision to voluntarily commence auction on November 18, 2013. In the said voluntary auction procedure, the Defendant received a successful bid of KRW 405,00,000 on September 16, 2014 and paid the price in full.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 5, witness D of the first instance trial, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant is entitled to KRW 186,50,000 for the purchase price not paid under the sales contract of this case and the plaintiff's assertion.