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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed;
Reasons
1. Basic facts
A. Codefendant B of the first instance trial (hereinafter “B”) concluded a sales contract between the Plaintiff and Codefendant B of the first instance trial (hereinafter “the Plaintiff”) purchased from the Plaintiff for KRW 400 million for the purchase price of D and D E apartment 1,002 for four parcels of land owned by the Plaintiff (hereinafter “the apartment of this case”). ① The Plaintiff is paid KRW 172 million after deducting the Plaintiff’s lease deposit repayment obligation with respect to the apartment of this case and the total amount of the mortgage claim KRW 228,000,000 from the above KRW 400,000,000,000 for the down payment of KRW 50,000,000 from January 20, 2012, the intermediate payment of KRW 70,000,000 from February 24, 2012, the Plaintiff paid KRW 50,000,000 to the Plaintiff for the remainder payment of KRW 380,000,00 for each of the instant apartment land.
(hereinafter referred to as the “instant sales contract”). B.
1) The Defendant’s confirmation document No. 1) B prevents the Plaintiff from establishing a provisional registration on the above F land. Around January 30, 2012, G apartment No. 101, 428 (hereinafter “instant G apartment”) with the Plaintiff as the owner of the Defendant’s wife L in lieu of the above F land (hereinafter “instant G apartment”).
(2) On January 30, 2012, the Defendant proposed to offer the G apartment as security, and on January 30, 2012, the Defendant completed the registration of the establishment of a neighboring apartment with the maximum debt amount of KRW 80 million with respect to the G apartment of this case, and if the Plaintiff fails to implement the registration, the Plaintiff shall transfer the ownership of the said G apartment to the person designated by the Plaintiff (hereinafter “instant confirmation”).
2) On January 30, 2012, the Plaintiff: (a) accepted B’s proposal; and (b) on January 30, 2012, the obligor, the mortgagee B, the mortgagee H, and the mortgagee.