1. The Defendant shall accept the registration office of the Seoul Central District Court on December 28, 201 with respect to the Plaintiff’s 685 square meters prior to Gangnam-gu Seoul Metropolitan Government C.

1. On December 27, 2011, the Plaintiff and the Defendant drafted a real estate sales contract with the purport that “the Plaintiff sells real estate (hereinafter “instant real estate”) recorded in the order to the Defendant for KRW 400 million (hereinafter “instant sales contract”). Accordingly, the Plaintiff completed the registration of ownership transfer as to the instant real estate (hereinafter “instant transfer registration”) on December 28, 201.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant sales contract, each obligee D and the maximum debt amount, 200 million won, were registered as 20 million won, and one provisional attachment registration was completed for the creditor E and one claim amounting to 800 million won.

The Plaintiff, without receiving the purchase price, completed the instant registration of transfer of ownership, and the Defendant agreed to pay KRW 400 million to the Defendant after cancelling the registration of establishment of each right to collateral security and provisional seizure.

The registration of establishment and provisional seizure of each of the above mortgages was cancelled, and the plaintiff failed to pay the purchase price to the defendant, and the plaintiff cancelled the sales contract of this case, so the defendant is obligated to cancel the registration of ownership transfer of this case by performing the duty of restitution.

B. At the time of the instant sales contract, the creditor included the secured debt of the right to collateral security as KRW 200 million in the balance of the purchase price. As such, the actual purchase price of the instant real estate is KRW 200 million, and the Defendant paid the entire amount prior to the registration of ownership transfer.

Therefore, the Plaintiff’s claim of this case is unreasonable.

3. Determination

A. Fact 1) The Plaintiff’s real estate acquisition circumstance) 2,717 square meters (hereinafter “instant land before the instant partition”) within the land transaction permission zone in Gangnam-gu Seoul Metropolitan Government is G 1/2.