1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Judgment on the Grounds of Claim

A. On or around December 23, 2011, the Plaintiff entered into a sale agreement with the Defendant to purchase the instant real estate in KRW 180,000,000 (hereinafter “instant sale”) and thereafter made an agreement between the Defendant and the Defendant to reduce the purchase price of the instant real estate in KRW 175,00,000 on or around April 21, 2015, the fact that the Defendant and the Defendant paid the purchase price of the instant real estate in full by August 16, 2017 is either a dispute between the parties, or that the payment was made in full by August 16, 2017, may be acknowledged by comprehensively taking into account the respective entries in subparagraphs 2 through 10, 12, and 12, and the overall purport of the pleadings.

B. According to the above facts of recognition, the Defendant is obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.

Therefore, the plaintiff's assertion is justified.

2. Judgment on the defendant's assertion

A. The defendant cannot respond to the plaintiff's request for extradition on the following grounds of the defendant's argument.

① In lieu of reducing the purchase price of this case, the Plaintiff agreed to assume the Defendant’s obligation to pay interest on loans to the Defendant D Banks, but did not perform the agreement.

② The Plaintiff delayed the payment of the purchase and sale balance of the instant case, resulting in overdue interest on the Defendant’s loan, and the Defendant’s creditor applied for a voluntary auction on the instant real estate, thereby incurring damages, such as expenditure for the withdrawal

B. Each of the above arguments by the defendant cannot be accepted for the following reasons.

1) There is no other evidence to deem that the original Defendant agreed between the Defendant and the Plaintiff to bear the interest obligation on the Defendant’s D Bank loans. (2) In addition, according to Article 587 of the Civil Act, the negligence incurred from the object not delivered after the conclusion of the sales contract is belonging to the seller, and the buyer shall pay the interest on the purchase price from the date of delivery of the object.

(see, e.g., Supreme Court Decision 2004Da8210, Apr. 23, 2004). Examining the instant case, the Defendant’s interest on loans, etc.