1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. Down-si, E, F, and G land (hereinafter referred to as “individual land”) were owned by H. In the process of planning the construction of the entire house by H, and as a result, the lack of business funds were incurred in the process of planning the construction of the entire house by H, the Plaintiff borrowed money from the Plaintiff and transferred the ownership of each of the above site as security around September 24, 2012 to the Plaintiff.

Accordingly, H entered into a construction contract with the Plaintiff as the contractor on April 9, 2015 while constructing three new housing units on the land of E, F, and G.

B. However, as H could no longer proceed with the construction due to the financial shortage while carrying out the new construction work on the F and G ground, H proposed the Plaintiff to take over the new construction work on the condition of acquiring the project site collateral loans and personal bonds, etc., and the Plaintiff A received the written waiver from H as of October 8, 2015, and then acquired the new construction work on the electric source after receiving the written waiver from H as of October 8, 2015.

C. As of November 20, 2015, Plaintiff A, upon receipt of a new construction project from H, drafted a construction contract agreement with the Defendant as the contractor to newly build three electric source houses on E, F, and G ground.

Since the construction of electric source housing on each ground thereafter, F-ground detached Housing was completed as of December 3, 2015; G-ground detached Housing was completed as of March 21, 2016; E-ground detached Housing (hereinafter “instant Housing”) was completed as of June 28, 2016.

E. On July 5, 2016, Plaintiff A and Defendant A entered into a sales contract with the purchase price of KRW 300 million for the E large scale 628 square meters and the ground reinforced concrete structure and the two-story detached housing (the instant housing). Accordingly, on July 21, 2016, the ownership transfer registration in the name of I was completed.

F. On April 19, 2017, Plaintiff A, with the exception of the amount of Plaintiff A’s debt KRW 140 million, which was agreed to be acquired by Plaintiff A, as the Busan District Court 2017Kadan14044, out of the purchase and sale agreement, against Plaintiff A.