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. On April 201, the Plaintiff received investment recommendation from C by the representative director of D Co., Ltd. (hereinafter “D”), and paid investment funds for purchase of stocks several times from September 201 to September 201. Since D did not purchase the shares that D intended to make an investment, and the principal and interest of the investment were not paid properly, the Plaintiff filed a claim suit against C and D for damages under the Seoul Central District Court 2013Gahap497, and was sentenced on August 29, 2013, “The Defendant (C and D) paid the Plaintiff KRW 218,000,000 and delayed payment damages.”

B. Meanwhile, with respect to the real estate listed in paragraph (1) of the attached Table No. 1 of the ownership list owned by C (hereinafter “the apartment of this case”), C, on December 30, 2010, entered into a provisional registration of ownership transfer security on the ground of a promise to return the substitute property under the Defendant’s name on December 29, 2010. On January 19, 2012, C cancelled the provisional registration of the above security and made a provisional registration of ownership transfer right claim on January 19, 2012 under the Defendant’s name (hereinafter “the provisional registration of this case”).

C. At the time of the instant promise to sell and purchase, C had no specific property other than the instant apartment in excess of the market price of 330,000,000 won. The instant apartment prior to the instant promise to sell and purchase, each of the maximum debt amounts of 24,00,000 won and 105,60,000 won was established on each of the instant apartment. The aggregate amount of the secured debt of each of the instant mortgages is KRW 109,535,549.

On the other hand, E, other investors of D, filed a lawsuit with Seoul Southern District Court 2012Gahap100204, F, Seoul Southern District Court 2012Gahap100389, and C, etc., and rendered a judgment on November 30, 2012, that “Defendant C shall pay 130,759,750 won and delay damages to the Plaintiff (E)” and “F shall jointly and severally pay 142,736,000 won and delay damages to the Plaintiff.”

E. On November 5, 2012, upon application of F, commencement of the instant apartment.