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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. The Plaintiff is the owner of the land of 1,821 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Yan-gun”).
D is the owner of a building with a lot of 518.7 square meters and its lot of land (hereinafter referred to as "Seongdong-gu, Daejeon") in Jung-gu, Daejeon, Daejeon, and the defendant is delegated by D to sell the above Daejeon real estate.
B. On July 25, 2009, the Plaintiff’s wife entered into a contract with the Defendant and the Plaintiff for the exchange of land and real estate owned by D (hereinafter “instant contract”). While the Plaintiff’s “A” stated only “D B” and “B” as “F” in the instant contract, F is the Plaintiff’s wife and the Plaintiff did not dispute the formation and validity of the instant contract, the Plaintiff’s agent for the payment of the amount under the instant contract is deemed “the Plaintiff’s side.”
The difference between the land of the Gun and the Daejeon Real Estate shall be KRW 50,000,000, but the down payment of KRW 30,000,000 shall be paid on the date of the contract, and the balance of KRW 20,000,000 shall be paid until November 30, 2009.
The following shall be included in a special agreement:
1. The establishment of a right to lease on a deposit basis listed on the register of the third and fourth floor of a building shall be terminated; and
2. A shall give all documents for transfer of ownership to a person who wants to do so.
3. Gap shall terminate any balance, if any, and if any, entered in addition to loans and deposits.
C. On July 25, 2009, the Defendant issued a receipt to F to receive KRW 30,000,000 as down payment.
In the back of the receipt, there are names, resident registration numbers, and telephone numbers of the Defendant, G, and the Defendant and G, each of which is “ until the remainder of this contract is responsible and resolved by the Defendant and G.”
G and the Defendant, on November 22, 2010, prepared and delivered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff:
The loan certificate shall be G and the defendant.