1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Facts of recognition;

A. On May 20, 2014, C concluded a sales contract with the Defendant and Yongsan-gu Seoul Metropolitan Government and 501 above-ground F buildings (hereinafter “instant real estate”) by setting the sales amount of KRW 250 million (hereinafter “instant sales contract”).

B. By June 27, 2014, the Defendant paid KRW 145 million out of the purchase price to C pursuant to the instant sales contract, and the remainder of the purchase price was substituted by the Defendant’s succession to the loans of financial institutions secured by the instant real estate to C.

C. C completed the registration of ownership transfer in the name of the Defendant on June 27, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, Eul's evidence 3, Eul's testimony and whole oral argument

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Defendant agreed to pay KRW 120 million to the Plaintiff out of the purchase price that the Defendant agreed to pay to C pursuant to the instant sales contract, and the Defendant did not pay KRW 5 million out of which, pursuant to the agreement, the Defendant is obligated to pay the Plaintiff the above KRW 5 million to the Plaintiff. (2) Since the Plaintiff acquired KRW 120 million out of the purchase price claim under the instant sales contract against the Defendant from C, the Defendant, the assignee of the claim, is obligated to pay the Plaintiff unpaid KRW 5 million and delay damages.

B. 1) First, whether the Defendant agreed to pay to the Plaintiff KRW 120 million out of the purchase price under the instant sales contract, and the testimony of the witness C of the first instance trial, which seems consistent therewith, is difficult to believe, and there is no other evidence to acknowledge otherwise, and the Plaintiff’s assertion on this part is not accepted without examining any further. 2) Next, whether the Plaintiff received part of the purchase price claim from C, and the health care account for whether the Plaintiff received part of the purchase price claim from C, and the Plaintiff under the instant sales contract.