1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the following additional judgments, and thus, it is acceptable as it is in accordance with the main sentence

2. In the first instance trial, the Plaintiff was entitled to KRW 139,380,00 for intermediate payment due to the Defendant’s cancellation of the apartment sale contract in this case, and the Plaintiff was entitled to receive KRW 137,290,378 from October 31, 2016. Of these, the Plaintiff reduced the purport of the claim, i.e., the amount of KRW 137,290,378 to the principal of the subrogated payment, 2,089,

Therefore, barring any special circumstance, the Defendant is obligated to pay 50,165,542 won remaining after appropriating the remainder to the Plaintiff as an intermediate payment, etc. (i.e., 11,192,858 won by subrogation - 148,48,483,236 won by subrogation - 137,946,123 won by subrogation 37,290,378 won by 137,290,378 won by October 31, 2016; and (ii) to pay 37,94,802 won by 1,321 won by 20,000 won by 37,80,000 won by 1,60,000 won by subrogation; and (iii) to 215,015,000 won by 20,000 won by 1,3215,000 won by subrogation ; and (iv) to 21,215,21815.

As to this, the defendant paid all the purchase price recovered from the cancellation of the sale contract for the apartment of this case to the plaintiff, the plaintiff's claim for the indemnity against the defendant was extinguished, and the defendant did not have any obligation to return the additional money.

However, the sales contract for the apartment of this case and the agreement of this case are cancelled by separate contracts whose purpose is different from that of this case.