1. The plaintiff's claim is dismissed.

2. On May 8, 2017, this Court has regard to cases of applying for a suspension of compulsory execution, 201.

1. Basic facts

A. On June 25, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the Nam-gu Incheon Metropolitan City C Apartment 402 (hereinafter “instant apartment”) at KRW 185 million (hereinafter “instant sales contract”). Of the sales price, the Plaintiff paid KRW 165 million with the loan from the lending institution.

B. On July 17, 2016, the Plaintiff and the Defendant revised the loan amount of KRW 164 million among the sale price under the instant sales contract, and confirmed that some of the loan amount may be based on the Plaintiff’s personal credit loan by adding the phrase “loan is a security credit” to the loan out of the special agreement.

C. Under the Defendant’s understanding, the Plaintiff completed the registration of ownership transfer for the instant apartment on August 18, 2016, and was loaned KRW 130,000,000,000, which is less than the initially planned amount from Bupyeong Agricultural Cooperative as security, with respect to the instant apartment.

On September 2016, the Plaintiff prepared and delivered a loan certificate for the remaining 333 million won to the Defendant, and the Plaintiff and the Defendant prepared the notarial deed of this case on September 26, 2016 based on the above loan certificate.

E. On November 29, 2016, the Defendant applied for a compulsory auction of the instant apartment on the basis of the instant notarial deed to the Incheon District Court D on November 29, 2016, and is currently underway the auction procedure on the instant apartment.

F. On May 8, 2017, the instant court rendered a ruling suspending compulsory execution based on the instant notarial deed, subject to the Plaintiff’s deposit of KRW 25 million as security by means of KRW 111,00,000,000,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including additional numbers), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the price of the apartment in this case is KRW 1850 million shall belong to the plaintiff.