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1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim against the defendant added in the trial.
Reasons
1. Basic facts
A. On May 25, 2009, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 250,000,000,000,000 in the attached list Nos. 1 and 2 of the title holder B, among the real estate listed in the attached list Nos. 3 of the title holder B (hereinafter referred to as “instant real estate”), and entered into a sales contract with the Defendant for the purchase price of KRW 50,000,00 in the attached list No. 3 of the title holder B (hereinafter referred to as “the instant real estate”). The said sales contract for the instant real estate
(2) Under the instant contract, KRW 20 million is paid on the date of the contract, and the intermediate payment of KRW 80 million is paid until July 30, 2009, and the remainder of KRW 200 million is paid by the Plaintiff upon acquiring and paying bank loans of KRW 200 million (hereinafter “instant loans”), and the interest on the instant loans was determined to be borne by the Plaintiff from August 1, 2009.
3) Each real estate listed in the separate sheet Nos. 1 and 3 shall be the National Land Planning and Utilization Act at the time of the instant contract (hereinafter “National Land Utilization Act”).
(4) On November 27, 2007, the establishment registration of the mortgage-mortgaged Seoul Livestock Cooperatives, B, and the maximum debt amount of 143 million won was completed on May 22, 2009, respectively.
B. (1) The Plaintiff paid 20 million won to the Defendant as the down payment on May 15, 2009, and paid 80 million won as the intermediate payment between May 25, 2009 and December 9, 2009. (2) The Plaintiff paid 36.4 million won to the Defendant as the interest for the instant loan from August 2009 to December 201, as the interest for the instant loan (=130 million won per month x 28 months).
3) Meanwhile, on August 1, 2009, the defendant delivered the real estate of this case to the plaintiff on the other hand. C. The plaintiff was delivered on August 1, 2009.