1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Defendant is a company that implemented a new construction project of E apartment built on the ground D or F in Busan Metropolitan City (hereinafter “E apartment”).

B. Around November 2012, G, the actual operator of the Defendant, entered into a sales contract with C to sell each of the units of KRW 101 and KRW 102 of E apartment units at KRW 30 million, and KRW 103 of E units at KRW 35 million.

(2) The sales contract of each of the above sales contracts is called "each of the sales contracts of this case" and each of the sales contracts of this case is called "each of the sales contracts of this case".

Each contract of this case contains special terms and conditions, stating that “this contract shall be KRW 30 million per day, or KRW 35 million per day, or KRW 101, or KRW 102,000,000 per E Apartment apartment, and KRW 35 million in sales contract as to KRW 103,000,000, respectively. This contract shall be null and void and void at the time of payment to C by payment to the buyer in kind.” The seller, the buyer, and the buyer shall be the Defendant and the Defendant corporation’s seal shall be affixed thereto.

On June 24, 2014, C, which had been liable to the Plaintiff, transferred its claim against the Defendant to the Plaintiff, and notified the Defendant of the assignment, and the above notification reached the Defendant around that time.

E. Meanwhile, H, which entered into a sales contract with the above G with respect to the same content as the instant sales contract for E Apartment 1001, filed a lawsuit against the Defendant at the Daegu District Court seeking the registration of ownership transfer as to the above 1001. On June 1, 2016, the said court rendered a judgment dismissing H’s claim (2015No23533).

On July 20, 2017, the appellate court appealed against H, and the Daegu District Court rendered a judgment accepting H’s claim (2016Na7379) on the ground that H’s liability is recognized as the representative director, and the above judgment was August 11, 2017.