1. On October 13, 2017, the Defendant made a promise for payment in kind with regard to the real estate indicated on the attached real estate to the Plaintiff.

1. Facts of recognition;

A. From September 6, 2017 to October 13, 2017, the Plaintiff lent KRW 128 million to D, the representative director of a stock company C (hereinafter “C”) via three occasions.

(hereinafter “instant loan”). (b)

On October 13, 2017, with respect to the instant loan obligations owed by the Defendant and C to the Plaintiff, the Plaintiff drafted a supply contract under which the Defendant promised to pay the Plaintiff real estate indicated on the attached real estate (hereinafter “instant apartment”) with payment in substitutes (hereinafter “instant payment in substitutes”), and on the same day, the amount of the instant apartment is KRW 219 million with respect to the instant apartment as of the same day.

On the same day, the defendant issued and delivered a certificate of full payment of the sale price to the plaintiff that the purchase price of the apartment of this case was fully paid.

C. On December 29, 2017, the Plaintiff received KRW 73 million out of the instant loans from C, and thereby became the remaining debt amount of KRW 55 million.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 3-1, Gap evidence 4 and 7, the purport of the whole pleadings

2. Determination as to the cause of action

(a) Where the borrower has promised to transfer other property rights in lieu of the borrowed object, the value of the property as at the time of the reservation shall not exceed the aggregate amount of the borrowed amount and the interest thereon (Article 607 of the Civil Act), and any agreement between the parties who have violated the agreement shall be null and void;

(Article 608 of the Civil Act). However, an agreement for payment in kind in violation of Articles 607 and 608 of the Civil Act is valid as an agreement for the establishment of a security by means of transfer with a weak meaning only when the agreement for payment in kind is invalid as a pre-contract for payment in kind. However, if a creditor has not completed the registration of ownership transfer based thereon, the security right under Article 3 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”).