2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 26, 2010, the primary asserted Plaintiff entered into a sales contract to sell the instant real estate with the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer on October 27, 2010 under the name of the Defendant for the instant real estate.

Although the Defendant occupied and used the instant real estate from that time, it still did not pay to the Plaintiff the purchase price of the instant real estate in KRW 65 million.

Accordingly, the Plaintiff notified the Defendant of the cancellation of the instant sales contract concluded on October 26, 2010 as the instant complaint. As such, the Defendant is obligated to cancel the registration of ownership transfer and refund unjust enrichment equivalent to rents after October 26, 2010, in which the Plaintiff possessed the instant real estate.

B. Preliminary Defendant is obligated to pay the Plaintiff the purchase price of KRW 65 million according to the instant sales contract.

2. There is no dispute between the parties to the judgment, or in full view of the following circumstances acknowledged in light of the respective descriptions of Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 4 and the purport of the whole pleadings, the plaintiff's primary and conjunctive arguments premised on the sale of the real estate of this case to the defendant are without merit

① There is no evidence to demand the Defendant to pay the purchase price under the instant sales contract or to cancel the registration of transfer of ownership in the name of the Defendant for the instant real estate before the Plaintiff institutes the instant lawsuit following the instant sales contract. If the instant sales contract conforms to the actual transactional relationship, it is difficult to understand such attitude of the Plaintiff.

② The transfer of the ownership of the instant real estate to the Defendant on the day following the date of concluding a contract, in which the Plaintiff was not paid the purchase price at all, falls under an example in light of ordinary transaction practices

③ The Defendant shall make the instant real estate from the Plaintiff.