1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. As between the Plaintiff and the Defendant on February 5, 2004, the Plaintiff and the Defendant sold 1,320 square meters of the amount of KRW 16,552 square meters (hereinafter “the instant real estate”) to C, whichever is permissible, for KRW 1.6 billion. Of the above sales amount, KRW 400 million was the Plaintiff’s acceptance of the Plaintiff’s obligation to the Cho Jong-gu Co., Ltd., in lieu of the payment. The remainder KRW 200 million out of the down payment of KRW 1.2 billion was the conclusion of a contract, and the intermediate payment of KRW 1.2 billion was the intermediate payment of KRW 1.2 billion on March 30, 2004, and the remainder of KRW 90 million was to be paid on July 15, 2004 (hereinafter “the instant sales contract”).

B. C paid the intermediate payment of KRW 200 million on February 5, 2004, and the intermediate payment of KRW 100 million on March 31, 2004, respectively, at the place where the Plaintiff and the Defendant were present, and the Defendant received and used the said KRW 300 million.

C. Since then, the instant sales contract becomes null and void because it was impossible to obtain permission for land transaction on the instant real estate, the Plaintiff returned the sum of the down payment and intermediate payment to C on behalf of the Defendant from March 16, 2005 to March 8, 2006.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, testimony by J of the first instance trial witness, purport of whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) The Plaintiff agreed with the Defendant to receive the down payment and the intermediate payment from the above purchase price, and accordingly, the Defendant received the down payment KRW 200 million and the intermediate payment KRW 100 million from C, and the Plaintiff returned the down payment and the intermediate payment to C on behalf of the Defendant, as the instant purchase contract becomes null and void because it did not obtain any land transaction permission. As such, the Plaintiff returned the down payment and the intermediate payment to C, the Defendant is liable to pay the said KRW 300 million and the damages for delay.

(2) The defendant's assertion is that the plaintiff paid the down payment and the intermediate payment KRW 300 million to the defendant after receiving the down payment and the intermediate payment from C, and it is alleged by the plaintiff.