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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On November 27, 2009, when the Plaintiff entered into a sales contract for the land and building in Yongsan-gu Seoul Metropolitan Government, which is owned by the Defendant and the Defendant, the Plaintiff agreed to pay KRW 60 million of the down payment of KRW 120 million of the down payment of KRW 60 million of the down payment of KRW 120,000 in the contract, the intermediate payment of KRW 120,000 shall be paid on December 11, 2009, and the remainder of KRW 420,000 shall be paid on January 12, 2010, and the remainder of the lease deposit shall be paid after deducting KRW 160,00,00
B. Meanwhile, while entering into a sales contract for H land and building owned by the Defendant and the Defendant on the same day, G also agreed to pay the remainder of KRW 60 million in the contract amounting to KRW 120 million on December 11, 2009 and the remainder of KRW 420,000 on January 8, 2010.
C. The Plaintiff and G concurrently financed funds and paid the following sales amount.
Plaintiff G on the payment date: (i) KRW 90,075,575 won (1) KRW 270,00,000,000 on December 29, 2009; (ii) KRW 388,050,466 on January 6, 2010; (iii) KRW 140,000,000 on KRW 1,188,365,381 on the aggregate of KRW 180,000,000 on January 7, 2010; and (iv) KRW 405,00,000 on the above real estate purchased by the Plaintiff as collateral and issued the above real estate to the Defendant; and (iv) KRW 340,340,00,000 on the same day; and (iv) KRW 7075,00 on the Defendant’s cashier’s checks issued by the Plaintiff; and (v) KRW 207,005,700.7.
② Although G paid the above amount by means of deposits without passbook to J Co., Ltd., the Defendant’s creditor, it is difficult for G to find the reason that G solely paid the purchase price exceeding KRW 600 million with the purchase price for the real estate purchased, and the Plaintiff also set up a collateral security as to the purchase real estate to L Co., Ltd., which lent the above amount as well as G.