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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. On January 13, 2012, the Defendant entered into a real estate sales contract between the Defendant and B (hereinafter “instant real estate”) with three lots of land and its ground buildings (hereinafter collectively referred to as “instant real estate”) including 610 square meters in Macheon-si, the Defendant, the ownership of which is the Defendant.
(2) The term “instant real estate sales contract” (hereinafter referred to as “instant real estate sales contract”) provides that “The intermediate payment of KRW 17 million is KRW 70 million on the date of the contract, the intermediate payment of KRW 70 million on March 12, 2012, and the remainder of KRW 83 million on April 12, 2012, each payment of KRW 83 million on the date of the contract) shall be sold to each other (hereinafter referred to as “instant real estate sales contract”).
(2) At the time of the instant real estate sales contract, the Defendant entered into a special agreement with B (hereinafter “instant collective security agreement”) with the following contents upon B’s request.
(1) The defendant shall set up and grant a collateral security on the real estate to the creditor of B in order to secure a debt to other creditors in the case of this case before receiving the payment from B in full.
(2) B shall, with the consent of the mortgagee, prepare all documents necessary for cancelling the creation of the right to collateral security (hereinafter referred to as "documents terminating the right to collateral security") and deliver them to the defendant.
B If the termination document of the right to collateral security is not equipped, the contract is null and void and the creation of the right to collateral security is also terminated immediately.
(3) B shall be fully liable for the sale price of the instant real estate or for the cancellation of the foregoing right to collateral security. If B fails to perform its obligation to pay the sale price, the Defendant may cancel the right to collateral security with the termination document.
B. The Plaintiff entered into a supply contract for red ginseng products between the Plaintiff and B on January 13, 2012 (hereinafter “instant supply contract”) with the Plaintiff to deliver to B three times the amount equivalent to KRW 220 million in total of red ginseng products produced by the Plaintiff (hereinafter “instant supply contract”). The amount exceeding KRW 50 million on January 18, 2012, KRW 50 million on January 19, 2012, KRW 70 million from KRW 70 million to KRW 70 million on January 19, 2012, and the remaining quantity on February 17, 2012) (hereinafter “instant supply contract”).
. 2) This was concluded.