손해배상(기)
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The reasoning for this part of the reasoning is that the court’s reasoning is the same as the corresponding column of the reasoning of the judgment of the first instance, except where the court decides that two acts under the three pages of the judgment of the first instance shall be “dissolved” and thus, it shall be cited including the abbreviation of the summary under the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's assertion
A. As to the assertion that the contract of this case will be rescinded, the defendant is obligated to remove the right of lease, mortgage, etc. established in the building of this case pursuant to Article 3 of the contract of this case and transfer the full ownership to the plaintiff. However, the defendant did not adjust the lease relationship with the lessee of the second and fourth floors of the building of this case, and did not cancel the registration of creation of a neighboring mortgage of the maximum debt amount of 1.38 billion won in the name of the Industrial Bank of Korea established in each of the real estate of this case. Rather, since the defendant expressed his intention not to perform his obligation under the contract of this case, the plaintiff clearly expressed his intention not to perform his obligation, the contract of this case may be rescinded on the ground of the defendant's refusal of performance without providing the plaintiff's obligation. Accordingly, the plaintiff can cancel the contract of this case by delivery of the complaint of this case. Accordingly, the defendant should first pay the plaintiff the amount of 310,000,000 won paid by the plaintiff for restitution following the cancellation of the contract of this case and the contract of this case to the plaintiff.
In the event that there is a reason to restrict the exercise of ownership, such as mortgage, superficies, and right of lease established on the building of this case, the defendant shall have the right until the payment date of the balance.