1. Revocation of a judgment of the first instance;

2. On May 30, 2013, the Defendant issued an apartment on the attached list to the Plaintiff.

1. Basic facts

A. The Defendant is a company that implemented a new construction project of E apartment built on the land C and D in Busan Metropolitan City (hereinafter “E apartment”).

B. On November 20, 201, the Plaintiff lent KRW 66,000,00 to F, and on May 30, 2013, the sales contract form on the apartment buildings listed in the separate sheet (hereinafter “instant apartment buildings”) among the apartment buildings in the name of the Defendant and G was offered as security (hereinafter “instant sales contract form”).

The sale price is 66,00,000 won, which is 66,000,000 won.

C. The sales contract of this case is written by the seller as the defendant and G, and the buyer as the plaintiff, and the seal is affixed to the name of the defendant corporation.

On October 14, 2013, the registration of preservation of ownership in the name of the Defendant was completed on the instant apartment (registration was completed due to the commission of provisional attachment registration No. 2013Kadan6683 of the Daegu District Court). The Plaintiff completed the provisional attachment registration on January 27, 2014 in accordance with the decision of provisional attachment No. 2013Kadan9409 of the Daegu District Court.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff loaned the construction fund to the Defendant, the owner of the apartment building, and agreed to receive the instant apartment from the Defendant as the payment in substitutes of the loan, and completed the instant sales contract on May 30, 2013 for this purpose. Therefore, the Defendant is obligated to implement the instant apartment on May 30, 2013, in accordance with the instant sales contract. (2) Even if the Defendant did not directly conclude the instant sales contract, H, the actual management owner of the Defendant Company, decided to sell the instant apartment jointly with G, and G was delegated the authority to sell the instant apartment.