1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Defendant, who had been awarded a contract for the reinforcement of the G building with the Plaintiff’s assertion C Co., Ltd., had carried out the construction work, received large 403 square meters (hereinafter “instant real estate”) from the Busan Metropolitan City captain-gun as a substitute for the said construction work price, and sold it to the Plaintiff by means of intermediate omission registration.

The Defendant, a seller, was obligated to cancel the right to collateral security established on the instant real estate, but failed to perform such obligation, and thus, incurred KRW 8,365,00 as the Plaintiff cancelled the said obligation, and thus, the Defendant is obligated to pay the Plaintiff the amount equivalent to the said expenses as damages

However, the Plaintiff also has the obligation to the Defendant to pay the remainder of the instant real estate amounting to KRW 36 million and KRW 43 million in total, such as KRW 7 million in the construction cost of reinforced soil. Therefore, the Defendant is obligated to pay the Plaintiff the above KRW 83.65 million after deducting the above KRW 43 million from the above KRW 83.65 million and the damages for delay.

B. The seller of the instant sales contract alleged by the Defendant is C Co., Ltd. and the Defendant was only involved in the instant sales contract as a representative of C Co., Ltd.

In other words, the Defendant continued construction by being awarded a contract for the reinforcement of the G building from C Co., Ltd., and concluded a sales contract for the instant real estate with the delegation of C Co., Ltd. to receive the construction cost, and appropriated part of the sales price received from the Plaintiff as repayment for the said claim

2. According to each of the evidence Nos. 1, 3, 5, 5, 5, and 6, the following facts can be seen as the requisition for a sales contract between the plaintiff and the defendant.

① On June 20, 2012, the Plaintiff and the Defendant paid the purchase price of KRW 504 square meters out of 11,000,000,000 for KRW 152 million (in the event of a contract payment of KRW 76 million, the intermediate payment of KRW 38 million is paid on August 6, 2012, and the remainder of KRW 38 million is paid on September 16, 2012).