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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
1..
Reasons
1. Basic facts
A. On January 29, 2013, the Defendant: (a) concluded a sales contract with the Plaintiff, Chang-gu, Chang-gu, Seoul (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”; and (b) to sell the instant land and buildings together with the instant land and buildings for KRW 50 million for total purchase price of KRW 550 million (hereinafter “each of the instant real estate”); and (c) agreed to pay KRW 100 million as the down payment and KRW 300 million out of the remainder to substitute the Plaintiff for taking over the lease deposit for the instant building.
B. On the same day, the Plaintiff remitted the remaining down payment of KRW 82 million after deducting the proceeds from lease on the instant building, which the Defendant agreed to pay immediately the down payment to the Defendant (i.e., KRW 10 million - KRW 18 million). On February 2, 2013, the Plaintiff completed the payment of the purchase price by remitting the remainder amount of KRW 150 million (= KRW 550 million - KRW 100 million - KRW 300 million - KRW 149 million - KRW 300 million) from the original remainder of February 2, 2013. The Plaintiff completed the registration of ownership transfer on the instant land on February 5, 2013.
C. After that, on September 28, 2013, the Defendant decided to re-purchase each of the instant real estate in KRW 230 million between the Plaintiff and the Plaintiff, and the Defendant agreed to pay KRW 130 million out of the said money in December 4, 2013, and KRW 100 million in January 31, 2014, respectively. The Defendant, by means of payment, provided that “the said KRW 130 million was provided as collateral for Jin-gu, Changwon-si (hereinafter “G real estate”). The said KRW 100 million was leased and paid each of the instant real estate and the said G real estate, and the said KRW 100 million was paid by leasing each of the instant real estate and the said G real estate, and if there is any difference in the repayment method in the said two cases or the failure to pay loans and rents, the Defendant agreed to pay the said amount by making it difficult to renew the said amount without any reason or defense within the payment period.
(hereinafter referred to as "repurchasing arrangements") recognition.