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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. The facts under the basis of the facts are either in dispute between the parties or acknowledged in full view of the overall purport of the pleadings in Gap evidence 1 to 3, and Eul evidence 9 (including the Serial number; hereinafter the same shall apply).
[1] On June 5, 2008, the Plaintiff, F, G, and H entered into a sales contract with the Defendant on June 5, 2008 with the content that: (a) the Plaintiff shall sell to the Defendant a total of 455 square meters prior to Gwangju City, J forest, J forest, 1,488 square meters; and (b) the total of 262 square meters prior to Gwangju City, D forest, 558 square meters; and (c) 1,638 square meters in total of 1,638 square meters in forest, which were actually used as a road, to pay a lump sum payment on June 5, 2008.
(hereinafter “instant sales contract”). At the time of the conclusion of the instant sales contract, the following provisions were stipulated as a special agreement.
All public charges and other incidental taxes incurred after June 5, 2008 shall be borne by the defendant.
In addition to the 140 square meters purchased by the defendant among the shares in the road lot(C, D, and E), the remaining shares in the road will be transferred to the purchaser purchased by the plaintiff, G, H, and F without any delay by the defendant.
In addition to 140 square meters of road shares purchased by the defendant, administrative agencies and financial institutions shall clearly explain and process this part in addition to loan and use for other purposes, and shall fully compensate for civil and criminal responsibilities and to the extent that the plaintiff wishes when a sudden situation occurs.
[2] On June 5, 2008, the defendant did not register the transfer of all the above I, J, K's land and C, D, and E in the name of the defendant, and completed the registration of the establishment of a neighboring mortgage with respect to all the above land of KRW 429 million, the debtor, the debtor, and the mortgagee as the defendant and the mortgagee as the Gwangju District Livestock Cooperative (hereinafter "Gwanju Livestock Cooperative"), and borrowed KRW 330 million from the Gwangju Livestock Cooperative.
On June 5, 2008, the Defendant paid to the Plaintiff KRW 420 million including the above loans.