1. The defendant shall receive KRW 86,795,740 from the plaintiff and at the same time shall apply to the real estate stated in the attached Form to the plaintiff.

1. Basic facts

A. On April 26, 2006, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on the attached real estate owned by the Plaintiff (hereinafter “the instant real estate”). On April 26, 2006, the Defendant agreed to take over the secured debt (hereinafter “the instant loan obligation”) for the establishment of the neighboring mortgage of the Bank of Korea, Korea, Inc., a stock company, under the instant real estate, and sell the instant real estate to a third party at a normal market price after a certain period of time, to divide the remainder after deducting certain expenses from the purchase price by 50%.

B. On April 27, 2006, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) in the name of the Defendant, as described in paragraph (1) of the Disposition, with respect to the instant real estate, according to the instant trade reservation.

[Ground of recognition] Facts without dispute, Gap 1 and Eul 2, witness C's partial testimony, purpose of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that the instant promise to sell and purchase was lawfully rescinded by the Plaintiff’s declaration of intent to cancel the contract due to the Defendant’s nonperformance. 2) According to the facts and the aforementioned evidence, the Defendant appears to have agreed to accept the instant loan obligation, which is secured by the said real estate, in the course of the promise to sell and purchase the instant real estate, in lieu of payment in part of the purchase price. In such a case, unless there are other special circumstances, such agreement shall be deemed to be an assumption of performance, rather than an assumption of obligation to exempt the seller, and the buyer shall, unless there is any special agreement as to the time for the performance of the obligation to acquire, perform the obligation in accordance with the original content of the obligation to acquire, and if the buyer can be deemed to be identical with the failure to pay part of the purchase price due to delay,