1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On July 25, 2014, the Plaintiff prepared a sales contract (hereinafter “instant sales contract”) stating that the Defendant and Sejong Special Self-Governing City, the Plaintiff owned, sold KRW 1322,00 square meters of forest land B (hereinafter “instant real estate”) in KRW 240,000,000,000, and that the purchase price shall be paid on the date of the contract.

At the time of the preparation of the sales contract of this case, the establishment registration of a neighboring mortgage (hereinafter “mortgage of this case”) was completed on the instant real estate in the amount of KRW 260,000,000,000 for the mortgagee’s Sejong Credit Union, the debtor, the maximum debt amount of KRW 260,000,000,000. However, in lieu of the payment of the sales contract of this case, the Defendant repaid KRW 143,50,000,000,000 to Sejong Credit Union, which was the date of the preparation of the sales contract of this case, as the secured debt of this case.

On July 25, 2014, the Plaintiff completed the registration of ownership transfer for the instant real estate to the Defendant on the same day.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1-1, Eul evidence No. 1-1, and the plaintiff's assertion of the purport of the whole pleadings by the parties concerned is that the plaintiff sold the real estate of this case to the defendant on July 25, 2014 and completed the registration of transfer of ownership on the same day, and completed the registration of transfer of ownership on the same day, but the defendant paid only KRW 143.5 million out of the above purchase price, and thus, the defendant is obligated to pay the remaining purchase price and delay damages to the plaintiff.

When entering into the instant sales contract, the Plaintiff and the Defendant set the sales amount of KRW 143.5 million, and the Defendant repaid the secured debt of the instant right to collateral security established on the instant real estate with the said money, and cancelled the registration of creation of mortgage near the instant right to collateral security.

However, the fact that the sales price was stated in the sales contract of this case as KRW 240 million is later the Defendant resells the real estate of this case.