1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of a lawsuit shall be borne respectively.

1. Basic facts

A. On September 23, 2013, the Plaintiff and the Defendant entered into an agreement with the Plaintiff that “EA” inspection site located in Busan Seo-gu, Busan, which was the Plaintiff-owned at the time of auction, and the ownership of a newly-built building site, that “if the Plaintiff exceeds all the rights on the inspection site and building, the Defendant succeeds to all the obligations for the construction cost on the building, and shall pay KRW 150 million after the resolution of the auction case. If the obligation for the construction cost is not succeeded, the Plaintiff will additionally pay KRW 150 million if the obligation for the construction cost is not succeeded, a collateral security is to be established on the site until the payment of each of the above amounts is made (hereinafter “instant agreement”).

B. On March 31, 2015, the Defendant drafted a debt certificate stating that “The payment of the balance amount of KRW 200 million in the instant agreement is confirmed by April 24, 2015” to the Plaintiff.

C. On January 11, 2016, the Plaintiff filed a complaint against the Defendant on the ground that the Defendant, even though the Defendant was unable to perform the instant agreement, was unaware of the Plaintiff and was transferred the ownership of the said “E company’s site and the building under construction, and the Prosecutor indicted the Defendant as the Busan District Court Decision 2018 Godan2733 for fraud.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. If the parties to a lawsuit of this case agreed to withdraw the lawsuit, barring special circumstances, the lawsuit shall be dismissed on the ground that there is no legal interest in maintaining the lawsuit, barring any special circumstance.

(See the evidence No. 1 (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). According to the evidence No. 1 evidence No. 1 (a written agreement, the defendant asserted that the written agreement was made by deception, but there is no evidence to acknowledge it), the defendant paid 20 million won to the plaintiff on June 7, 2019, and the plaintiff paid 150 million won out of the balance of the instant agreement between the plaintiff and the defendant. The defendant pays 20 million won out of the balance of the instant agreement 150 million won, and 130 million won is paid after the completion of the inspection or FF funds.