1. Of the judgment of the court of first instance, the payment of the money to the defendant exceeds the amount ordered to be paid below to the plaintiff.

1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments as to the argument that the defendant raised in the trial of the court of first instance, and thus, this part of the reasoning for the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The Defendant asserts that the purchase price was fully paid at the time of completion of the registration of ownership transfer concerning the instant building in the name of the Defendant.

On the other hand, there is a real estate sales contract (No. 8-2) attached to the information on completion of registration and the notice on completion of registration (No. 8-1).

However, the above real estate sales contract appears to have been prepared by the plaintiff to complete the registration of transfer of ownership to the defendant pursuant to the agreement of this case (the defendant shall pay the balance of the purchase and sale with a loan from a financial institution, and the plaintiff shall provide the documents concerning the registration of transfer of ownership to the building of this case, while the plaintiff shall set forth the waterproof construction cost of this case as KRW 5,000,000, and the plaintiff shall pay the defendant a balance of the purchase and sale, and the remaining KRW 4,500,000 shall be paid at the time of payment of balance). Since the sale and sale contract of this case is written as a full payment of the purchase and sale price as a down payment, it is exceptional in light of the transaction practice, and it is difficult to believe the contents thereof as it is in full view of the circumstances such as the sale and sale contract (

In addition, there is no other evidence to prove that the Defendant paid the full purchase price, and this part of the Defendant’s assertion is rejected.

B. In a case where the Defendant’s conjunctive defense 1 is acknowledged to have been rescinded at the preliminary set-off, the Defendant’s conjunctive defenses: ① the Plaintiff’s total sum of the down payment and intermediate payment that the Plaintiff received to the Defendant, as well as the amount of KRW 13 million on September 20, 201