1. The judgment of the first instance is modified as follows, upon a claim that was changed in exchange by this court.

Basic Facts

Around September 8, 2007, D, the Defendant’s mistake in the instant sales contract, lent KRW 500 million to the Defendant at a welfare of 10% per annum (hereinafter “instant monetary loan agreement”), and as a security, completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) and the registration of the establishment of a mortgage (hereinafter “instant collateral security”) with respect to each real estate listed in the attached list owned by the Defendant (hereinafter “each real estate”).

Since then, on November 28, 2013, the Plaintiff promoted the purchase of each of the instant real estate through E, a branch of the Defendant and D, paid 30 million won in advance to the Defendant. In order to resolve the provisional registration of the instant case and the right to collateral security, E entered into a transfer contract with D on behalf of the Plaintiff with D on December 4, 2013, stating that “D shall transfer to the Plaintiff the right based on the provisional registration of the instant case and the right to collateral security of the instant case at KRW 380 million” (hereinafter referred to as the “transfer contract of the instant case”). As part of the transfer proceeds, E paid 15 million won in advance to D with the Defendant.

Meanwhile, while E knew the content of the instant transfer contract to the Defendant, E arbitrarily prepared a false certificate in the name of D stating that “D transfer of the instant provisional registration to E in KRW 700 million” with hiding the fact of the conclusion of the instant transfer contract to the Plaintiff, and presented this to the Plaintiff, and recommended the Plaintiff to conclude a sales contract for each of the instant provisional registration in the aggregate of KRW 700 million for transfer proceeds and KRW 100 million for the Defendant, who is the titleholder of the said provisional registration, to be paid to the Defendant.

Ultimately, the Plaintiff entered into a sales contract with the Defendant on December 20, 2013 to purchase each of the instant real estate at KRW 800 million without knowing the content of the instant transfer contract.