1. The judgment of the first instance is revoked, and the plaintiff's main claim is dismissed;

2. The defendant (Counterclaim plaintiff).

1. Basic facts

A. On February 1, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 329,50,000 (the contract amount of KRW 10,000,000, the remainder amount of KRW 319,500,000) (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 10,000,000 to the Defendant on the same day.

B. According to the terms and conditions of the above contract, the Defendant settled the burden of attachment, lease on a deposit basis, collateral security, etc. established on each of the instant real estate as the down payment before the Plaintiff pays the remainder. The Plaintiff paid the remainder of KRW 31,700,000,000, which is the debt of loans owed by the Plaintiff or D to the Dong Saemaul Depository, which is the creditor of the right to collateral security established on each of the instant real estate, in lieu of the amount of KRW 217,80,000, out of the debt of loans owed by the Plaintiff or D, or take over the debt, and the remainder of KRW 319,50,000, which is the remainder of KRW 319,500,000, which is the remainder of the lease deposit for the lessee of each of the instant real estate, and KRW 217,8

(hereinafter referred to as "the instant special agreement"). (c)

On February 8, 2011, the Plaintiff remitted KRW 31,700,000 to the Defendant, and repaid KRW 110,000,000 to the Dong Saemaul Depository on February 25, 2011, and KRW 106,340,000 on March 11, 2011. On March 11, 2011, the Defendant resolved the burden of seizure, lease on a deposit basis, mortgage, etc. established on each of the instant real property.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 8 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. Although the Defendant should have cancelled the registration of collateral security and seizure as stipulated in the instant special agreement prior to the payment of the remainder, the Defendant did not cancel the said registration even if it received the down payment and the remainder. Therefore, the Defendant violated the instant contract.

Therefore, the defendant shall pay 10,000,000 won by subrogation to the plaintiff.