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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. Basic facts
A. On October 27, 2006, the Plaintiff, through the introduction of Nonparty O, decided to purchase from Nonparty G the right to purchase the apartment house C, No. 202-dong 1401 (hereinafter “use apartment”) newly built on the ground of Yongsan-gu Seoul, Yongsan-gu, Seoul through the introduction of Nonparty O, and paid KRW 184 million to the Defendant on the day of the purchase of the right to purchase the apartment house.
(2) In order to guarantee the implementation of the above sales contract, the Defendant drafted a sales contract on the same day with the Defendant, the purchaser, and the Plaintiff’s purchase price as KRW 184 million. If the Plaintiff cannot transfer the right to the Yongsan apartment from July 2007 scheduled occupancy date to the Plaintiff by July 2007, the Defendant agreed to refund the purchase price and the financial costs incurred therefrom to the Plaintiff.
B. The Plaintiff’s monetary loan to the Defendant was entrusted to the Defendant on November 29, 2006, and on March 2, 2007, the Plaintiff lent additional KRW 100 million to the Defendant, and on March 2, 2007, the Defendant drafted a loan certificate with the following contents as to this.
(hereinafter “instant loan”). (1) Lending principal: 200 million won: The lending period: from March 2, 2007 to March 2, 2008: Interest: 200,000 won each month;
(c).
On June 27, 2008, the Plaintiff concluded a supply contract with the Defendant to purchase 102 Dong 3002 (hereinafter “J”) of J, which was newly constructed on the ground of Mapo-gu Seoul, Mapo-gu, as the Defendant’s introduction, from the Non-Party Development Cooperatives in the Seoul metropolitan area (hereinafter “Mapo-gu Development Cooperatives”) (hereinafter “J sales contract”) (hereinafter “J sales contract”), and the down payment of KRW 46,605,000 was paid by the Defendant on behalf of the Defendant at the time of the conclusion of the contract.
The plaintiff's provisional disposition on November 15, 2006, when G refuses to change the name of the right to sell the Yongsan Apartment and J apartment after purchase of the right to sell the apartment.