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

Purport of claim and appeal

1...

A. On July 2, 2011, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to the portion of the road (public area of KRW 75,005,000,000 for purchase and sale) scheduled to be established as the access road to the said housing site in Pyeongtaek-gun, Gyeonggi-gu, Gyeonggi-do, which is expected to be developed as a housing site in the future with C, and the part of the road (public area of KRW 62.1 square meters) that is scheduled to be established as the access road to the said housing site (hereinafter “instant sales contract”). On the same day, the Defendant issued to the Plaintiff a guarantee certificate that guarantees the management of the money by the time of complete registration of transfer of ownership of the goods subject to the sale.

B. The Plaintiff paid the above purchase price to the Defendant’s account, but completed the registration of ownership transfer only with respect to the exclusive use area on October 12, 2012, and the joint use area was owned by a third party and failed to complete the registration of ownership transfer.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of the claim, in a case where a part of the right which was the object of the sale belongs to another person, and the seller is unable to acquire the right and transfer it to the buyer, the buyer may claim reduction of the purchase price at the ratio of that part (Article 572(1) of the Civil Act). According to the above facts, the seller of the sales contract of this case is obligated to perform the registration of ownership transfer as to the portion owned by a third party among the sale objects of this case, but failed to perform it within six years from the date of the contract, so the Plaintiff may claim reduction of the purchase price of KRW 9,395,00 for the portion owned by the third party. Meanwhile, the Defendant guaranteed the seller’s obligation to the Plaintiff that occurred until the completion of the registration of ownership transfer by delivering the guarantee certificate as seen earlier to the