1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 28, 2015, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) with respect to Seodaemun-gu Seoul Metropolitan Government 1st floor D (hereinafter referred to as the “instant real estate”) owned by the Plaintiff, with a maximum amount of KRW 168 million as the mortgagee H Co., Ltd. (hereinafter referred to as “H”), the debtor I, and the maximum amount of debt of KRW 168,000,000,000,0000.

B. On February 12, 2016, the Plaintiff and the Defendant entered into a sales contract with respect to the instant real estate, with the content that the Plaintiff sells the said real estate as the seller, the buyer, the Defendant, and the sales price of KRW 350 million (in lieu of the Defendant’s acceptance of the instant collateral security obligation), an intermediate payment of KRW 140 million (in lieu of the Defendant’s acceptance of the instant collateral security obligation), and the remainder of KRW 23 million (payment up to February 18, 2016).

(hereinafter referred to as “instant sales contract,” and thus, the contract entered into accordingly is called “instant sales contract.”

On February 22, 2016, the registration of transfer of ownership was completed in the name of the defendant on the ground of the instant sales contract as of February 12, 2016, and the registration of transfer of ownership was completed in the name of the defendant on the ground of the instant sales contract as of February 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Defendant asserting the cause of the Plaintiff’s claim does not pay the Plaintiff the remainder amount of KRW 23 billion until February 18, 2016, which is the remainder payment date stipulated in the instant sales contract, to the Plaintiff. Therefore, the Defendant is liable to pay the remainder and damages for delay.

3. Determination

A. According to the above facts, barring any special circumstance, the Defendant shall pay to the Plaintiff the balance of KRW 23 million as stipulated in the sales contract of this case and the damages for delay.