1. Revocation of the first instance judgment.

The plaintiff's claim is dismissed.

2. The total cost of a lawsuit shall be borne individually by each party.

purport.

1. Basic facts

A. On July 17, 2015, the Plaintiff purchased the instant land owned by the Defendant in the purchase price of KRW 448,200,000, but the down payment of KRW 200,000,000 on the date of the contract, the intermediate payment of KRW 100,000 on July 30, 2016, and the intermediate payment of KRW 148,200,000 on August 30, 2017 (hereinafter “instant sales contract”), concluded a sales contract with the intent to pay each of the instant land in the purchase price of KRW 448,20,00, and paid the down payment on the date of the contract.

On July 20, 2017, the Plaintiff and the Defendant drafted a sales contract with the aforementioned content ex post facto.

B. On July 23, 2015, the Defendant prepared and delivered a written consent to land use to the effect that the Plaintiff consented to the use of the instant land as a site for sale of fishery products.

C. The Defendant had extended the date of the intermediate payment on August 31, 2016, but the Plaintiff did not pay the intermediate payment by the postponed date.

Accordingly, on September 1, 2016, the Defendant sent to the Plaintiff a certificate of content that “The Plaintiff did not pay an intermediate payment of KRW 100,000,000 until August 31, 2016,” and the said certificate was served on the Plaintiff.

On March 19, 2015, the Suwon District Court received the Sungsung District Court’s receipt of 51471, and completed the registration of creation of a superficies (hereinafter “registration of creation of a superficies”) with the term of 30 years from April 1, 2015 to 30 years from the date of the receipt of the registry office, as the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a superficies”) consisting of real estate located in E at the time of the realization of joint security (hereinafter “registration of creation of a superficies”).

On November 15, 2018, when the instant lawsuit was pending, the Defendant cancelled all the registration of the establishment of a mortgage and the registration of the creation of a superficies.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 6, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is an intermediate payment from the Plaintiff pursuant to the instant sales contract.