1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. On March 16, 2009, the Plaintiff entered into the sales contract and the balcony expansion contract (hereinafter collectively referred to as the “instant apartment”) with the Defendant on the Seo-gu Incheon apartment C (hereinafter referred to as the “instant apartment”).

B. On March 9, 2009, the Plaintiff entered into a business agreement with D Co., Ltd. (hereinafter “D”) for part payments, loan, etc. following the supply of the instant apartment, and entered into a business agreement with D and Korea Housing Finance Corporation on May 29, 2009 with the content that the Korea Housing Finance Corporation guarantees the payment of the Defendant’s loans.

C. The Defendant failed to pay the remainder under the instant sales contract, and on August 27, 2013, the Korea Housing Finance Corporation subrogated for KRW 280,610,000 for loans to D, a financial institution that borrowed part payments by the Defendant, and interest thereon, and total amount of expenses KRW 301,603,092.

On December 2, 2013, the Plaintiff returned KRW 280,610,00, which is the principal of the Defendant’s intermediate payment loan, to the Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”), and paid KRW 39,252,640 to D prior to the completion date of the designation of occupancy of the instant apartment, and then cancelled the instant sales contract.

The amount equivalent to 44,645,865 won is deducted from the total amount of interest, overdue charges, and material charges on the sales price that the Plaintiff is obligated to pay to the Plaintiff from the interest on the above-paid part payment loan, overdue charges, and penalty charges up to the date prior to the end of the designation of occupancy.

E. Around 2014, the Defendant filed an application for bankruptcy and exemption with the Incheon District Court, and the said court rendered immunity on August 29, 2014, and the said immunity became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff alleged by the parties interest in an intermediate payment that the defendant must pay in accordance with the instant sales contract.