1. The plaintiff's claim is dismissed.

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

Basic Facts

A around October 2006 (the sales contract was drafted as of December 26, 2006) entered into a contract with the Defendant to purchase KRW 2,55,000 (hereinafter “instant sales contract”) in total with the size of KRW 11,297m2, F forest and fields, KRW 19,550m2, KRW 19,553m2, G, which is owned by the Defendant, for a total of KRW 2,55,000 (hereinafter “instant real estate”).

Paragraph 2 of the Clause of the instant sales contract provides that “The payment shall be made not later than the remainder, but in the event of shortage, the transfer of the United Nations registration shall be December 26, 2006, and the seller shall create a security for the said real estate. The deficient amount shall be paid by February 26, 2007.”

On December 21, 2006, A and A completed the registration of ownership transfer with respect to one-half portion of each of the instant real property, and on the same day, A and A completed the registration of ownership transfer with respect to the establishment of a mortgage over KRW 1,200,000 with respect to the instant real property to secure the payment of the purchase price pursuant to the instant sales contract to the Defendant on the same day.

At that time, A paid 2,300,000,000 won out of the purchase price to the Defendant and the remaining purchase price was KRW 255,00,000.

Of the instant real estate, in relation to the size of 11,297 square meters and the area of 19,553 square meters prior to G, Pyeongtaek-gun, Suwon-gun, which was the senior mortgagee, filed an application for the voluntary auction (hereinafter “instant auction”). In the auction procedure conducted on April 23, 2015, the said court prepared a distribution schedule to distribute the amount of KRW 170,679,017 to the Defendant, who was the senior mortgagee, who was the senior mortgagee, as the senior mortgagee, to Pyeongtaek-gun, the delivery authority of the instant real estate, KRW 548,980, and KRW 548,980, KRW 1,560,000, KRW 00, and KRW 170,679,017 to the Defendant, who was the senior mortgagee.

A submitted a written objection to the total amount of dividends to the Defendant during the aforementioned voluntary auction procedure, and paid or exempted the remainder of the purchase price against the Defendant.