1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. Facts of recognition;

A. On March 31, 2005, the Plaintiff entered into an apartment supply contract with the Defendant with the content that the total purchase price shall be KRW 376,600,000 with respect to the C Apartment 111 unit (which was changed to 421 unit thereafter) (hereinafter “instant apartment”), and that the said sale price shall be paid in the following manner:

The remaining contract amount at the time of concluding the first down payment contract for the down payment (20%) after the date of designation of occupancy of the remainder of the total supply price (20%) intermediate payment (60%) (20%) (205.31. 1. 2. 2. 2. 2. 2. 2. 2. 2005. 3. 3.06. 4. 28. 2006. 4. 2006. 28. 2007.07. 37, 37, 6307, 630, 63037, 630, 63037, 630, 637, 63037, 630, 637, 63037, 637, 6307, 6307, 6307, 6307, 6305, 2666.

B. The Plaintiff paid 37,630,00 won on March 31, 2005, the first down payment of 37,630,000 won on March 31, 2005, and the remaining contract amount of 37,630,000 won on May 31, 2005, which was the date of the conclusion of the sales contract, to the Defendant, and the intermediate payment is appropriated for the part payment loan loan of the Korean bank, but the intermediate payment was paid 16,634,794 won on February 11, 2008, which was 150,520,520,00 won on the part payment and the remainder payment of 5,630,630,000 won on the same day (5th part payment of intermediate payment of 37,630,630,000 won on June 37, 600,500 won).

C. On February 19, 2008, the Plaintiff paid the Defendant the late payment of KRW 8,75,260,319 on the aggregate of KRW 5,60,00,00, and received a receipt for full payment and a certificate of occupancy from the Defendant. On February 20, 208, the Plaintiff occupied D on February 20, 2008.

On April 1, 2008, the Plaintiff drafted a certificate of borrowing KRW 50 million from the Defendant, along with the power of delegation that the Plaintiff delegated F with the authority to register the establishment of the instant neighboring real estate, with the content that the Plaintiff borrowed KRW 50,000,000 from the Defendant. Accordingly, on April 4, 2008, the Plaintiff entered into a contract with the Defendant to establish the right to collateral security registration with the maximum debt amount of KRW 65,00,00 with respect to the instant real estate.

E. The plaintiff is about the apartment of this case on April 15, 2008.