1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 17, 2011, the Plaintiff and the Defendant concluded a sales contract with the Defendant, under which the Plaintiff and three other parties jointly owned (2/10 of the Plaintiff’s shares) sold KRW 1.2 billion for the purchase price, and KRW 1.2 billion for the instant real estate including KRW 5,289,960, water supply charges, and KRW 1,200,036,000 (hereinafter “instant sales contract”). In lieu of paying the purchase price, the Plaintiff concluded a sales contract with the Defendant to acquire KRW 5,289,96,00 for the instant real estate (hereinafter “instant sales contract”).

B. On November 18, 2016, the Plaintiff paid KRW 10,218,840 as water rate from October 201 to December 2 of the same year, which was imposed on the instant real estate.

C. Meanwhile, the Plaintiff filed a lawsuit against the Defendant, on the grounds that the instant sales contract becomes null and void, to cancel the registration of transfer of ownership in the name of the Defendant, to distribute the profits accrued from the instant real estate in the first preliminary, and to claim the payment of the accrued sales price in the second preliminary. However, in the appellate court of the said lawsuit (Seoul High Court 2013Na5321; hereinafter “relevant case”), the Plaintiff led the Plaintiff to the fact that the Defendant paid all the purchase price of KRW 1,200,036,00 in accordance with the instant sales contract, and that the Defendant did not have the effect of cancelling the confession, the judgment dismissing the Plaintiff’s conjunctive claim for the second preliminary claim on the ground that the Defendant did not remain in the purchase price to be paid to the Plaintiff, became final and conclusive as is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion did not pay the water rate of KRW 5,289,960 which is to be paid according to the sales contract of this case, and the plaintiff paid the water rate instead of the above water rate, and the defendant paid the water rate of KRW 5,289,960 on behalf of the plaintiff, and this is related thereto.