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

A. The Plaintiff asserted that, around June 1994, the Plaintiff entered into a sales contract with the Defendant for the land located in Gangwon-gun C and 11 parcels of land and its ground stable (hereinafter “instant real estate”). Around June 1994, the Plaintiff agreed that KRW 9 million shall be replaced by D’s real estate; the intermediate payment of KRW 20 million shall be replaced by D’s real estate; the intermediate payment of KRW 20 million shall be paid by November 30, 1996; each buyer shall be paid by November 30, 1996; and each buyer shall be provided with the purchased real estate as security.

Since then, while the Plaintiff was unable to pay intermediate payments due to financial difficulties, the Defendant received a proposal from the Defendant to sell the real estate located in Yangyang-gun E, Yangyang-gun, and two parcels of land owned by the Plaintiff (hereinafter “Fri land”). At the time, the Plaintiff and the Defendant agreed to cancel the right to collateral security established on the Fri land of KRW 20 million out of the total amount of KRW 40 million, the Defendant possessed the instant real estate as collateral, and the Defendant was paid an intermediate payment of KRW 46 million against Fri land. The remainder amount of KRW 20 million is paid by Nonparty G, in lieu of the Plaintiff’s loan to the Gangwon-gun bank, but if not repaid, it would be deducted from the remainder of the sales contract of this case.

Since then, the Defendant alleged that the Plaintiff did not pay the Plaintiff’s loans to the Gangwon Bank even after the Defendant sold Fri land to another person and completed the registration of transfer, and rather, the Plaintiff did not pay the payment based on the instant sales contract. On August 1995, the Defendant notified that the instant sales contract will be rescinded.

Therefore, since the Defendant did not perform the contractual obligations of the seller under Article 10 of the sales contract of this case to the Plaintiff, it is reasonable to pay damages to the buyer.