1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Facts of recognition;

A. On August 19, 2014, the Plaintiff entered into a real estate sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”), with the purport that the Plaintiff would pay from Defendant Company the purchase price of KRW 4.3 billion and the down payment of KRW 50 million (in August 21, 2014, until August 21, 2014, the Nong Bank in Defendant C’s name) and the remainder to the financial loans of the said hotel’s land and building up to September 20, 2014 (hereinafter “the first contract”).

However, the Plaintiff did not pay the Defendant Company the down payment of KRW 50 million based on the first contract.

B. On September 4, 2014, the Plaintiff and G concluded a B sales contract (hereinafter referred to as “instant secondary contract”) with the terms that the Plaintiff and G would purchase from the Defendant Company the land, buildings, and intellectual property rights, etc. of the hotel in question (hereinafter “instant land, buildings, etc.”) as indicated in the instant paragraph (a) as owned by the Defendant Company from the Defendant Company to KRW 4.3 billion, and the down payment of KRW 20 million (payment up to September 4, 2014), intermediate payment of KRW 20 million (payment up to September 19, 2014), and the remainder payment of the instant land and buildings provided by the Defendant Company by obtaining a loan from the financial right as collateral (Treatment until October 10, 2014).

On September 4, 2014, the Plaintiff paid a down payment of KRW 20 million to the Defendant Company, but did not pay the intermediate payment and the balance by each due date.

C. Meanwhile, at the time of the second contract of this case, Defendant C, the representative director of Defendant C, at the time of the second contract of this case, resigned from the representative director on January 2, 2015, and I assumed office on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6 evidence, Eul evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was preparing real estate collateral loans for the remainder payment under the instant secondary contract. However, the Defendant Company’s land to a third party.