1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 28, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant, under which the Plaintiff would sell the first floor of 107 (3,082,118,750 won) under the same conditions as the attached Table 2 (hereinafter “instant sales contract”) among the urban environment rearrangement project D companies in Yongsan-gu District B, Yongsan-gu, Seoul to the Defendant, and received KRW 500,000,000 as the down payment from the Defendant.

B. On the same day as the conclusion of the instant sales contract ( September 28, 2016), the Plaintiff concluded, pursuant to Article 10 of the aforementioned special terms regarding each of the real estate listed in the separate sheet No. 1 owned by the Plaintiff (hereinafter “each of the instant real estate”), a mortgage agreement with the Plaintiff, the maximum debt amount of KRW 500,000,000, and a mortgage agreement with the Defendant to establish the right to collateral security (hereinafter “mortgage agreement”). As to each of the instant real estate, the Plaintiff completed the registration of the establishment of the right to collateral security under the name of the Defendant as Seoul Western District Court No. 28905, which was received by the Yongsan District Court.

C. Meanwhile, according to the instant sales contract, the Defendant agreed to pay to the Plaintiff KRW 500,00,000 for the first intermediate payment by November 30, 2016, and KRW 500,000 for the second intermediate payment by December 30, 2016, and KRW 1,582,118,750 for the remainder by December 30, 2016, respectively, at the same time as the transfer registration of ownership. The Defendant paid KRW 590,181,230 for six occasions as indicated below.

The amount of the first intermediate payment of KRW 387,00,000 on November 30, 2016, under the pretext of the first intermediate payment of KRW 50,000,000 on December 1, 2016, under the pretext of the first intermediate payment of KRW 30,000 on December 1, 2016, the first intermediate payment of KRW 63,181,230 on December 1, 2016, under the pretext of the second intermediate payment of KRW 60,000 on December 30, 3016, under the pretext of the second intermediate payment of KRW 60,000 on April 28, 2017, under the pretext of the second intermediate payment of KRW 60,00 on May 10, 2017, under the pretext of the second intermediate payment of KRW 50,000 on May 12, 2017, 2013

D. The Plaintiff shall pay to the Defendant the unpaid amount of the second intermediate payment (40,000,000 won at that time) over three times around April 19, 2017 and around the 25th day of the same month.