1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 5% per annum from February 16, 2012 to January 28, 2014; and (c) from the next day.

1. Fact-finding [based on recognition] A’s evidence 1 through 4, 9, witness C’s testimony, and the purport of the entire pleadings is that the Defendant purchased from the Plaintiff the purchase price of KRW 265 million from the Plaintiff on November 13, 2011, D787 square meters and E 30 square meters (hereinafter “instant real estate”) for KRW 265 million. On December 12, 201, the Defendant received the registration of ownership transfer from the Plaintiff on the instant real estate.

On March 16, 2012, the Defendant paid KRW 150 million to the Plaintiff the amount of the instant real estate loaned from a financial institution as collateral on the date the said transfer registration was completed, and C, which mediated the instant transaction, paid KRW 50 million out of the purchase price to the Plaintiff on March 16, 2012.

2. Determination as to the cause of a claim on the market: According to the facts acknowledged as above, the defendant is obligated to pay to the plaintiff the remaining purchase price of KRW 100 million and damages for delay after February 16, 2012, for which the plaintiff seeks.

피고 주장에 관한 판단 : ▷피고는 계약금(및 중도금)조로 인천 소래포구에 있는 상가 (수)분양권 5개를 대물 지급하였고 현금투자 의사가 없어 대출을 받아 1억 1,500만 원을 지급하였으므로 매매대금을 모두 지급하였다

In addition, the instant contract explicitly states that the payment of the above loans and the payment of the purchase price is a mixed contract with five exchange of the right to sell commercial buildings.

▷① 대물변제란 채무자가 부담하는 원래의 급부에 갈음하여 다른 급부를 현실적으로 함으로써 채권을 소멸시키는 계약이다.

In this case, other benefits are the right to sell commercial buildings.

(2) A person who transfers the ownership of an object based on the right of sale has an obligation to allow the transferee to acquire the ownership of the object.

Where a seller permits the change of the name of a purchaser, he/she shall implement the procedure for change of the name of the purchaser at least.

③ However, the defendant alleged that he paid the right to sell commercial buildings to the plaintiff as a substitute.