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1. The part of the judgment of the court of first instance against the defendant, which orders payment below, shall be revoked.
2...
Reasons
1. Basic facts
A. The Plaintiff, including the status of the parties, was a contractor who completed the construction of the instant loan by being awarded a contract from the G Co., Ltd. (hereinafter “G”) that proceeds from the new construction and the sale of the instant loan (hereinafter “the instant loan”), and F was in charge of the actual sales of the instant loan to the representative director of G. The J is the actual owner of G. D. as the owner of the instant loan, and D was the owner of the instant loan, who was the owner of the instant loan and owned the ownership on the registry.
(hereinafter referred to as “F, J, and D”. Meanwhile, the loan of this case was completed on or around September 2010, but it was not paid due to the failure to pay the construction cost, etc., the creditors including the Plaintiff were taking measures to preserve claims, such as exercising the right of retention.
B. Upon receipt of F’s request for the sale of the instant loan from G and E, the Defendant entered into a sales contract on subparagraph 201 of the instant loan between G and E, and entered into a sales contract on December 18, 2010 with respect to the instant loan 201, the seller D, E, E, 185,000,000 won (the intermediate payment shall be KRW 8,000,000; the remainder shall be KRW 177,00,000; the down payment shall be paid on the date of the contract; the remainder shall be paid on the date of the payment; the remainder shall be paid on December 23, 2010; and the remainder shall be delivered at the same time; and the sales contract on subparagraph 201 of the instant loan was concluded between G and E (hereinafter “the sales contract”).
C. Pursuant to the instant sales contract, E was seeking to move into the instant loan No. 201 around December 22, 2010, which was around the date of the remainder payment pursuant to the instant sales contract, but was prevented from moving into the instant loan. However, on the same day, the Defendant paid the remainder of the purchase price No. 201 of the instant loan to the representative of the bond group in D under the presence of D.
NEN, representative, or payer.