1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. On March 23, 2007, the Defendant entered into a sales contract with the Korea Land Corporation to purchase the purchase price of KRW 7,590,660,000 in Seo-gu Incheon, Seo-gu, Incheon (current lot number: Seo-gu, Incheon; hereinafter “instant land”) which is a land development project area (hereinafter “instant sales contract”). At the time, the Defendant agreed to pay the purchase price in five installments, including the contract deposit, as set forth below.

On March 23, 2007, the second installment made on September 23, 2007 1,708,707,807,807,800,831,594,000 on March 23, 2007, and the second installment made on September 23, 2007, 1,708,194,194,0005,123,400,000 on March 23, 2008.

B. On July 24, 2009, the Defendant entered into a sales contract with the purport of selling the instant land to the Plaintiff at KRW 700 million (payment on the date of the contract amounting to KRW 500 million, and payment on July 26, 2009) (hereinafter “instant sales contract”). At the time, the Defendant did not pay a contract deposit of KRW 759,066,000 in accordance with the instant sales contract to the Korea Land Corporation. The Plaintiff and the Defendant stated the special terms of the instant sales contract as “this contract is a resale contract (the total interest shall be borne by the buyer), and the total sales amount shall be KRW 759,00,000,000,000,0000 (the total sales amount shall be KRW 7,590,660,000).”

C. On July 31, 2009, the Plaintiff, the Defendant, and the Korea Land Corporation drafted a contract on the succession of rights and obligations between the Defendant and the Korea Land Corporation to the effect that the Plaintiff succeeds to the rights and obligations of the Defendant (Buyer) pursuant to the sales contract.

The Defendant paid the Plaintiff the full purchase price according to the instant sales contract.

E. Meanwhile, the Defendant did not pay the property tax of KRW 13,334,040 imposed on the instant land (hereinafter “instant property tax”) on June 1, 2009.