1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 35,00,000 as well as the full payment with respect thereto from July 29, 2015.

1. Basic facts

A. The Defendant is a company established on January 18, 2010 in order to newly construct and sell a building D with 10 stories above the 4th ground (hereinafter “instant commercial building”) above the 1268 square meters above the 1268 square meters above the 4th ground and is one of the Defendant’s shareholders and in-house directors.

B. If the building of the instant commercial building was constructed and sold, the Plaintiff would receive profits from the Defendant through the sales price, etc., and invested KRW 250 million to the Defendant.

C. On May 16, 2013, the Plaintiff and the Defendant set out a contract with the Plaintiff as KRW 1,095,341,000 (i.e., KRW 668,510,00 value-added tax of KRW 6658,851,00 in the amount of the building site amount of KRW 359,980,00 in the instant building (hereinafter “instant No. 202”) from among the instant building. The Plaintiff and the Defendant drafted a contract with the content of the instant sales contract (hereinafter “instant sales contract”).

On November 5, 2014, regarding No. 202 of the instant case, the ownership transfer registration was completed in the Plaintiff’s name, and public charges, such as acquisition tax, KRW 48,053,540, and KRW 891,00,00, total of KRW 48,944,540, including KRW 891,00, and KRW 48,944,540, including KRW 89,00,

E. As to Article 202 of the instant case, the registration of the establishment of a new mortgage (hereinafter “registration of the establishment of each of the instant neighboring mortgage”) was completed on November 5, 2014, with the maximum debt amount of KRW 609,60,000, the debtor, the plaintiff of the right to collateral security, and the national bank for the settlement of mortgage disputes, and the registration of the establishment of a new mortgage (hereinafter “the registration of the establishment of each of the instant neighboring mortgage”), which became the debtor, the debtor, the mortgagee, and the mortgagee of the Newcheon General Construction Co., Ltd., in total, on December 26, 2014.

F. Meanwhile, on September 15, 2014, prior to the completion of the registration of transfer of ownership in the Plaintiff’s name, the Defendant concluded a lease agreement with respect to subparagraph 202 of this case on September 15, 2014 and subparagraph 202 of the said subparagraph on the condition that “the lease deposit of KRW 35 million, monthly rent of KRW 2 million (excluding value-added tax), the lease period of KRW 2 million, and from November 20, 2014 to November 19, 2017,” and from E.