1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. G and C are the owners (of them, 101, 102 Dong Dong, G, and 103 through 105 Dong Dong Dong are owned by C) of land E (hereinafter “the loan of this case”) outside of H in Jeonjin-gu, Jeonjin-gu, Jeonjin-gu, Seoul. The plaintiff is a corporation with the purpose of a construction business, etc., and G is the representative director of the plaintiff.

B. On July 25, 2012, C entered into a sales contract with the Defendant to sell Nos. 104, 402, 501, and 502 (hereinafter collectively collectively referred to as the “instant building”) among the instant loans to the Defendant at KRW 327 million (19 million per each unit) (hereinafter referred to as the “instant sales contract”). The instant sales contract was led by F with the Defendant and I, the Defendant’s spouse, with the permission of F to use the Defendant’s name.

C. According to the instant sales contract, C transferred the ownership of the instant building to the Defendant on August 9, 2012, and F received a loan from a financial institution under the name of the Defendant and paid part of the purchase price to C.

G and C mean “The loan certificate No. 2 in the name of the Defendant, stating that “51 million won shall be borrowed from the purchase price of the instant building and repaid until August 10, 2012,” and “the loan certificate of this case” (hereinafter referred to as “the loan certificate of this case”) from F around August 2012.

was prepared and delivered.

E. On the other hand, on February 14, 2012, prior to the conclusion of the instant sales contract, G and C drafted a claim transfer and takeover contract with respect to the instant loan to the Plaintiff that G and C transfer their claims to five other parties including F and the Defendant. The said claim transfer and takeover contract does not state the specific contents of the claim against each of the five parties including the Defendant.

F. On February 15, 2013, after the conclusion of the instant sales contract, G and C were notarized by the notary public’s J office, which belongs to the Cheongju District Public Prosecutor’s Office, on February 15, 2013, and on the same day, the said assignment of claims to the Defendant, F, etc.