1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff had a claim against Nonparty C, but C sold a multi-family house D3 floor D (hereinafter “existing multi-family house”) in Bupyeong-gu, Seocheon-gu, Seocheon-gu, the Plaintiff owned (the nominal titleholder in the registration) and agreed to sell E-Ba 201 (hereinafter “the instant loan”) with the purchase price to the Plaintiff and settle the Plaintiff’s debt against the Plaintiff by paying the insufficient amount to the Plaintiff, and delegated the Defendant to sell the existing multi-family house and purchase of the instant loan.

B. The main contents of the sales contract for the existing multi-family house and the instant loan are as follows:

1) The date of the existing multi-family house contract: the purchase price on June 8, 2015: KRW 300 million - the down payment of KRW 25 million (payment at the time of a contract) - the intermediate payment of KRW 75 million (payment date July 14, 2015) - The remainder of KRW 200 million (payment date September 4, 2015): The date of the instant loan contract: June 9, 2015: the purchase price: KRW 72 million - the down payment amount of KRW 70 million (payment at the time of a contract) - the remainder of KRW 65 million (payment date): the remainder of August 20, 2015; and the mutual adjustment is possible after July 14, 2015:

C. If the part payment of the loan of this case is given priority to the Defendant, the Plaintiff received the statement from the Defendant that the Defendant would transfer the ownership of the loan of this case to the Plaintiff after paying the remainder, and paid the Defendant KRW 15 million on June 15, 2015.

Meanwhile, on July 14, 2015, an intermediate payment of KRW 75 million according to the sales contract for an existing multi-family house was deposited into the Defendant’s new bank account, which was the due date. On July 24, 2015, KRW 66 million was deposited from the above account, and around that time, the payment of remainder under the sales contract for the instant loan was completed, and the Plaintiff completed the registration of ownership transfer for the instant loan on July 27, 2015.

E. On September 14, 2015, the Plaintiff deducted the purchase-price, etc. from the Plaintiff’s credit amount and deducted the remainder of the purchase-price, etc. from the Plaintiff’s credit amount (27,980,000 won).