1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked.

The defendant is against the plaintiff.

1. Facts of recognition;

A. On June 22, 2007, the Plaintiff entered into a sales contract with the Defendant for the supply price of KRW 816,300,000 for the Busan Jin-gu apartment E-dong (hereinafter “instant apartment”) (hereinafter “instant sales contract”). On the same day, the Plaintiff was paid KRW 40,815,000 from the Defendant’s down payment according to the instant sales contract.

In addition to the contract containing the contents of the instant sales contract (hereinafter “instant sales contract”), the Defendant formulated a separate special agreement between the Plaintiff and the Plaintiff on the supply contract (hereinafter “instant supply contract agreement”).

B. Articles 1 and 15 of the instant sales contract provide that with respect to the payment of the intermediate payment (60% of the supply price) of the apartment of this case, the Defendant shall receive the full payment as the principal debtor pursuant to the business agreement between the Plaintiff, the Corporation, the Korea National Bank, the financial institution, and the Gyeongnam Bank, and the business agreement between the Plaintiff, the Korea National Bank, the Korea National Bank, and the Gyeongnam Bank, and the Defendant shall receive the intermediate payment as the principal debtor. The Defendant shall pay the part payment equivalent to the intermediate payment from the above financial institution by directly transferring it to the Plaintiff’s national bank account from each payment date to each payment date, and

The Defendant paid to the Plaintiff the total amount of KRW 489,780,000 ( ① November 21, 2007; ② June 23, 2008; ③ January 21, 2009; ④ August 21, 2009; ⑤ August 21, 2009; ⑤ March 22, 2010; ⑤ November 29, 6, 2010; and the Plaintiff paid KRW 81,630,000, out of the loan interest (hereinafter “loan interest”) to the said financial institution.

C. Meanwhile, Article 15(5) of the instant sales contract may cancel the sales contract at the request of the lending financial institution due to the Defendant’s failure to register transfer of ownership, establish a right to collateral security, or repay loans even after the lapse of 60 days from the registration date of initial ownership preservation.