Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below shall be revoked and revoked.

The scope of the judgment in this Court claimed against the defendant for the payment of the acquisition amount equivalent to KRW 97,890,631 in total the interest and delay damages, and then the plaintiff succeeded to the lawsuit by the first instance court that the plaintiff succeeded to pay the above amount to himself. The court of first instance, which did not withdraw from the lawsuit, dismissed the plaintiff's claim and accepted the plaintiff's claim.

Accordingly, the defendant appealed only to the claims of the plaintiff succeeding intervenor, and the scope of this court's trial is limited to the legitimacy of the claims of the plaintiff succeeding intervenor.

2. Facts of recognition;

A. D on June 8, 2008, sold in lots the K heading (hereinafter “instant apartment”) of the Il-dong-gu Incheon Metropolitan City E Apartment (hereinafter “instant apartment”) from F and L Co., Ltd. (hereinafter “Execution Co., Ltd.”) at KRW 697,400,000 for the sale price.

B. D entered into a loan transaction agreement on November 28, 2008 with a loans of KRW 278,960,000 from H (hereinafter “H”) on February 28, 201 for the payment of intermediate payments, with a loan interest rate of KRW 278,960,00 as of February 28, 201, with a CD interest rate of KRW 1.85% (three months in the change rate); a loan interest rate of KRW 1.85% (three months in the change rate); a loan interest rate of KRW 9% added the overdue interest rate to the loan interest rate of KRW 16%; and a maximum of 21% (hereinafter “instant loan”); and the said loan was paid.

According to the instant loan agreement, the lending period may automatically be postponed after examining the extension of the lending period according to the criteria set by H at the time of the expiration of the lending period. When the Defendant fails to pay the principal and interest of loan, etc. at the due date, he/she shall immediately pay damages for delay to the amount to be paid, and even if he/she fails to perform his/her obligation at the due date or loses the due date, he/she

C. On June 25, 2010, the Defendant acquired the status of the buyer of the instant apartment from D and acquired the status of the buyer of the instant apartment.