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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. On March 19, 2008, the Plaintiff, a lessee of the real estate indicated in the attached list of the Plaintiff’s purchase of real estate (hereinafter “instant real estate”), purchased the instant real estate from C on March 19, 208, and drafted a sales contract with the following contents.
The purchase price of KRW 1,040,000,000 shall be paid and received at the time of the contract. The intermediate payment of KRW 140,000,000 shall be paid on April 5, 200.
Any balance of 63,00,000 won shall be paid on April 5, 2009.
Loan 412,00,000 won shall be succeeded to.
The total amount of KRW 170,000,000 shall be the succession key.
140,000,000 won out of the purchase price shall be adjusted according to the amount of transfer tax accrued later.
The registration of ownership transfer shall be made simultaneously with the payment of balance.
Provided, That the seller prepares a new sales contract by making the remainder date as the date of concluding a sales contract.
B. At the time of the conclusion of the above sales contract, the Plaintiff: (a) on March 19, 2008, on the instant real estate, the obligor C, the maximum debt amount of KRW 539,50 million (the principal of the loan is KRW 412,00,000); and (b) on March 19, 2008, the date of the conclusion of the above sales contract, the Plaintiff paid KRW 85,00,000,000 (the principal of the loan) to the Plaintiff, the maximum debt amount of KRW 77,61,00,000 (the principal of the loan), a single bank for the mortgagee; and (b) on the repayment of the loan specified in paragraph (1) above, the collateral security was terminated; and (c) on agreement with C, the remainder of KRW 17,00,000,000,000, which was decided to substitute for the Plaintiff’s lease deposit out of the down payment.
3) The Plaintiff, upon delivery of the instant real estate under the understanding of C immediately after the above sales contract, shall do so on the instant real estate.
(C) The Plaintiff began to conduct the business. (3) The Defendant’s real estate acquisition and use status 1) from September 2012.