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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part is as follows: “.. The Defendant paid 52,875,000 won out of the sale price to C pursuant to the instant contract for sale in lots, and paid 2,967,300 won to the Plaintiff according to the instant contract for sale in lots,” and “... Meanwhile, after the cancellation of the instant contract for sale in lots, C subrogated for a loan to the financial institution that borrowed the down payment and the intermediate payment to which the Defendant borrowed the down payment and the intermediate payment, and C subrogated for the loan to the financial institution that received the down payment and the intermediate payment, and accordingly, C subrogated for the said loan interest and KRW 56,012,177 as stated in the reasoning for the judgment of the first instance (1.).” Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Revisioned Part】
C. As stipulated in the instant sales contract, the Defendant paid C the sales price of KRW 317,625,000 for the period from April 26, 2005 to March 20, 207. The amount of the intermediate payment of KRW 52,875,00, and the amount of the loan granted by the Plaintiff’s intermediary (hereinafter “loan reserve”) is KRW 264,750,000 (hereinafter “self-payment reserve and loan reserve”) and the details of each payment are as listed below.
In addition, on May 2, 2005, pursuant to the instant option agreement, the Defendant paid 2005-04-26 26,400,000 loans for 205-207-20,950,000 loans for 2005-12-20,950,000 loans for 205-18-18,475,000 loans for 206-106-2225,950,000 loans for 2006-10-202,52,950,000 loans for 206-2006-10-202,950,000 loans for 207-25,007,000 loans for 207-25,000,520,000 loans for 207-203,006,309,706,709
G. Meanwhile, after the cancellation of the instant sales contract on December 21, 2009, C subrogated the loan to the financial institution to which the Defendant borrowed the down payment and the intermediate payment, and subrogated the loan interest of KRW 56,012,177 until the date of repayment.
2. The parties’ assertion is before this Court.