1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. 1,316 square meters (hereinafter “C land before division”) prior to the Gyeonggi-gu Mari-gun, Gyeonggi-do (hereinafter “Mi-gun N pages”) was originally owned by the Defendant. Of them, H acquired ownership on June 8, 2017 due to sale as of May 24, 2017.

On May 3, 2016, the registration of the right to collateral security and superficies creation (hereinafter referred to as "right to collateral security and superficies under the name of an O union") in the name of the O union (hereinafter referred to as the "O union") was completed with respect to land C before division.

B. On September 4, 2017, the Plaintiff entered into a contract with the Defendant to purchase KRW 17 square meters (57/171 equity) out of D Prior to D’s ownership (hereinafter “D’s land”) for KRW 8,670,000 among KRW 171 square meters (hereinafter “the first sales contract”), and its main contents are as follows.

On May 3, 2016, the registration of the right to collateral security and the creation of superficies under the name of the Association was completed.

2. The remainder of the sales contract of KRW 4,350,00 (payment on September 4, 2017) under Article 2 of the Terms and Conditions of the Contract indicated as KRW 4,320,00 in the remainder as KRW 4,350,000; however, in light of the total amount of the sales price exceeds KRW 8,670,00,000, the above mentioned amount appears to be erroneous.

(Payment on November 30, 2017) If there is a reason to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the instant real estate, or if there is a shortage of taxes and other charges, etc., the seller will transfer the full ownership by removing the defect, burden, etc. by the date of payment of the balance.

Section 6. In the event of the seller's breach of contract, the seller shall compensate for the amount of the down payment with the penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the breach.

[Matters of special agreement] The change of land category after completion of a road shall be registered for transfer.

(c) land C before subdivision: