1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 2, 2011, the Plaintiff entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 367.5 million (hereinafter “instant sales contract”).

B. At the time, the Plaintiff and the Defendant agreed to pay KRW 20,300,000,000 out of the purchase price, by the Defendant, the actual secured debt amounting to KRW 60,30,000,000 and the security deposit deposit amount to KRW 160,000,000,000,000,000

C. In addition, the Defendant stated that the Plaintiff paid KRW 27.5 million to the Plaintiff on November 2, 201, which is the date of the instant sales contract, and KRW 27.2 million on the following following day, on November 3, 201, the Defendant paid KRW 17.5 million to the Plaintiff in the reply, etc., but when considering the Plaintiff’s statement of KRW 17,50,000,000,000,000 to the Plaintiff, the Defendant, as alleged by the Plaintiff, was deemed to have paid KRW 27.2 million on the above date.

After payment, on November 3, 201, the Plaintiff received the registration of ownership transfer from the Plaintiff for the instant real estate on the ground of the instant sales contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers where no special indication is made; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff claimed that the defendant pay the purchase price of KRW 367,50,000,000,000 on the day and following day of the contract, and the amount of KRW 22,30,000,000,000,000 paid by the defendant in the manner of acquiring the obligation, and the remaining KRW 12,50,000,000,000,000,000,000,000 is not paid. Thus, the plaintiff claimed that the defendant pay the remaining purchase price of KRW 12,00,000,000 from the defendant.

B. In collusion with C, the defendant does not have a claim for a loan of KRW 120 million to C.