1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On June 14, 2012, the Plaintiff entered into a sales contract with the Defendant’s wife C (hereinafter “instant sales contract”) with C to sell all the site, buildings, and goodwill of the E gas station located in Seosan-si and three parcels (hereinafter “instant gas station”).

B. At the time of the instant sales contract, C paid the down payment of KRW 165 million on the date of the contract, and agreed to pay the down payment of KRW 885 million on the date of the intermediate payment of KRW 885 million by July 10, 2012, by taking over the existing loan obligations of a mortgagee of a right to collateral security, the maximum debt amount of KRW 840 million, and the obligation to refund a lease deposit of KRW 35 million, in lieu of the payment, and the remainder of KRW 300 million shall be paid by December 30, 2012, by adding interest of KRW 10% per annum.

C. C paid down payment amounting to KRW 165 million, but joint security issues (the right to collateral security by the bank, in addition to the site and building of the instant gas station, was also a joint security issue, and even the apartment owned by the Plaintiff was not a joint security issue, but the bank did not consent to debt acquisition due to the lack of security corresponding to the above apartment, and did not take over the existing loan obligations of the instant gas station until July 10, 2012, which was the date of the payment of intermediate payment.

The Plaintiff received KRW 40 million from C as part payments on July 17, 2012 while demanding the payment of part payments.

E. However, on July 17, 2012, the Defendant requested the Plaintiff to lend the intermediate payment that C pays to itself, following the transfer of the said KRW 40 million to the Plaintiff’s account in the name of C. The Plaintiff transferred the said KRW 40 million to the Defendant’s account.

The plaintiff again received 40 million won from C on the same day, and again remitted it to the defendant's account.

F. In addition to the above KRW 80 million, the Defendant himself pays the intermediate payment that C shall pay to the Plaintiff later.