1. The action to confirm the existence of the obligation of this case shall be dismissed.

2. The plaintiff's request for cancellation of the establishment registration of neighboring mortgage.

1. Facts of recognition;

A. The Plaintiff, who owns Gangnam-gu Seoul Metropolitan Government and its ground farm housing, were admitted to the Korea Land and Housing Corporation, acquired the apartment sales right of Gangnam-gu Seoul Metropolitan Government Da, EF apartment 703 Dong 902 (hereinafter “instant apartment”).

B. On December 2013, the Plaintiff requested G to resell the right to sell the instant apartment, and around December 2013, the Plaintiff entered into a sales contract with the Defendant stating that “The sales price of the instant apartment shall be paid by the Defendant, the Plaintiff shall implement the registration procedure for transfer of ownership in the name of the Defendant at the lapse of two years after the Defendant paid the sales price in full, and the Defendant shall pay the Plaintiff KRW 50 million with the premium, and the Plaintiff shall issue a promissory note with KRW 30 million as security for the sales price to be paid by the Defendant, and prepare and deliver a

C. On December 20, 2013, the Defendant paid to the Plaintiff KRW 20 million as part of the premium amounting to KRW 50 million.

On December 30, 2013, between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation, the Plaintiff entered into a housing sale contract with the purport that the housing price for the instant apartment shall be KRW 424 million, but the amount of KRW 75 million shall be paid as a loan, and the remainder of KRW 63.6 million shall be paid at the time of the contract, and the remainder of KRW 285.4 million shall be paid at the time of occupancy (round October 2014, the scheduled date of occupancy). The Defendant paid the down payment to the Korea Land and Housing Corporation on the same day.

E. Around January 2014, the Defendant paid KRW 30 million to the Plaintiff, and the Plaintiff issued all documents necessary for acquiring the ownership of the instant apartment on the same day to the Defendant.

In addition, the Plaintiff prepared the instant notarial deed as of January 22, 2014 and delivered it to the Defendant.

F. On March 2015, the Plaintiff and the Defendant agreed to cancel the resale agreement of the instant apartment sales right.

G. On April 3, 2015, the Plaintiff paid KRW 100 million to the Defendant, and KRW 90 million on June 23, 2015, respectively, and on June 23, 2015, the Plaintiff paid KRW 6.