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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. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance except for the supplement and additional determination as to the defendant’s assertion as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(No different findings of fact and judgments of the first instance court shall be made, considering the allegations and evidence added in the trial).
A. 1) The Defendant asserts that there was no prior performance or provision of performance of the obligation to cancel the right to collateral security (1) in the sales contract of this case, that there was no performance or provision of performance of the obligation to cancel the right to collateral security (2). However, it is difficult to view that the Plaintiff’s notification of cancellation was set in the sales contract of this case as a prior performance of the obligation to cancel the right to collateral security rather than the obligation of the Defendant’s remainder payment (the Defendant asserted to the effect that “the buyer acquired the obligation to cancel the right to collateral security and agreed to deduct it from the purchase price” at the time of the sales contract). Rather, in full view of the purport of the entire argument in each statement in the evidence Nos. 4 and 8 (including virtual numbers) of this case, the Defendant appears to have purchased the real estate of this case in a non-registered state, and thus, it appears that the Defendant was planning to pay the remainder by means of transfer to the new purchaser, despite the Plaintiff’s continuous request after the date of the initial payment of the remainder payment.