1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. On November 15, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) at a price of KRW 80 million (hereinafter “instant sales contract”).

B. From November 20, 2007, the Defendant leased the instant real estate to G as KRW 10 million, monthly rent of KRW 500,000,000. However, the Plaintiff decided to succeed to the lessor’s status in the instant sales contract.

C. On November 18, 201, the Plaintiff paid the Defendant a sales price of KRW 46.7 million, and completed the registration of ownership transfer on the same day based on the instant sales contract.

On April 4, 2005, the establishment registration of a neighboring mortgage was completed under the name of the debtor, the maximum debt amount of KRW 58 million, and the name of the Namyang Livestock Industry Cooperatives, the defendant. On November 18, 201, the plaintiff, the defendant, and the Namyang Livestock Industry Cooperatives concluded a contract for the alteration of the right to collateral security with the purport that the plaintiff acquires the status of the defendant's debtor as the above collateral security debtor. On the same day, the debtor of the above collateral security registration was changed to the plaintiff, and the amount of KRW 30 million was loaned from the Namyang Livestock Industry Cooperatives as security.

E. The Plaintiff and the Defendant revoked the instant sales contract from November 29 to 30, 201, and the Plaintiff transferred the ownership registration and possession of the instant real estate to the Defendant, and the Defendant stated that the certificate of cancellation of the sales contract (Evidence A 3-1) received from the Plaintiff at the time of the sale when the instant real estate was transferred from the Plaintiff was KRW 80,000,000,000. However, as long as the actual sales price paid by the Plaintiff to the Defendant was 46,70,000, the amount that the Defendant decided to return to the Plaintiff is KRW 46,77

B The Plaintiff shall be returned to the Plaintiff, and the specific content thereof shall be subject to separate agreement.

the agreement.