The costs of appeal are assessed against each party.

1. As to the Defendant’s ground of appeal

A. Examining the reasoning of the lower judgment in light of the record as to the ground of appeal No. 1, the lower court is justifiable to have determined that the sales price claim against the Defendant by the Plaintiff (Appointed Party) based on the sales contract for each real estate listed in the attached Table No. 1 of the lower judgment that the Defendant deemed to have been concluded by exercising the right to demand sale was a claim without setting a deadline. In so doing, contrary to what is alleged in the grounds of appeal,

B. As to the ground of appeal No. 2, the lower court determined that the deposit amount as determined by the Defendant’s enforcement act was appropriated for the payment of damages for delay incurred until January 20, 2008 among the damages for delay claims in the instant lawsuit seeking the refund of agreed amount, and that the Defendant expressed his intention of offset after the enforcement act, on the grounds as indicated in its reasoning, the lower court extinguished the above judgment claim against the Plaintiff (Appointed Party) and the sales price claim against the Plaintiff (Appointed Party) against the Defendant, who is an automatic claim, within the scope of equal amount retroactively from January 21, 2008 following the day following the Defendant’s payment of damages for delay, and left only the above sales price claim.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on offset days.

2. As to the ground of appeal by the Plaintiff (Appointed Party)

A. As to the grounds of appeal Nos. 2 and 5 of the Civil Act, Article 587 of the Civil Act provides, “The fruits arising from any object not delivered even after a sales contract has been concluded shall belong to the seller, and the buyer shall pay the interest on the price from the date of delivery of the object

However, the buyer's obligation to pay the price and the seller's obligation to transfer ownership are concurrently performed.