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.

Basic Facts

From May 25, 2014 to October 25, 2014, the Plaintiff, as a joint and several surety, supplied grain equivalent to KRW 148,925,600 (hereinafter “the price of the instant goods”) to E Co., Ltd. (hereinafter “E”), the husband D, the representative director of which is the Plaintiff, with respect to the Plaintiff’s joint and several surety claim, and then E does not pay the price of the said goods to the Plaintiff.

D On October 30, 2014, the Plaintiff sent KRW 148,925,60 to the Plaintiff. On November 15, 2014, the Plaintiff prepared and delivered a written confirmation of payment stating that “I will pay 148,925,600 won as soon as I would immediately pay us would not pay by November 15, 2014, and will not be civil and criminal responsibilities (Evidence 2).” The “sureties” column of the said written confirmation of payment states that C’s name may be given, and C’s unmanned seal is affixed next to it.

On May 4, 2009, C and D purchased 1/2 shares of each of the real estate listed in the separate sheet 2 (hereinafter “second real estate”) through a voluntary auction process on or around May 4, 2009, and C purchased each of the real estate listed in the separate sheet 1 (hereinafter “first real estate”) around February 21, 2013.

C On July 28, 2014, G and 1, and 2 real estate (hereinafter “the instant reservation”) were made, and on July 29, 2014, G completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) on the first and second real estate due to the said promise to sell and purchase, and G completed the additional registration prior to the said provisional registration on December 5, 2014 to the Defendant on December 4, 2014.

(A) No. 4-1 to 3, No. 6-1, and No. 6-2). C are “the instant sales contract” with the Defendant on December 15, 2014, stating that “C sells the first real estate to the Defendant for KRW 1190 million.”

B. On the same day, C concluded the instant contract on the first real estate on the basis of the provisional registration of this case.