1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 30,105,602 as well as to the plaintiff on May 2010.

1. In the first instance trial, the Plaintiff claimed for the payment of legal interest or delay damages to the Defendant under Article 578(2) and (3) of the Civil Act. The court of first instance dismissed the claim for damages and dismissed part of the legal interest and delay damages claim.

As a result, the scope of the claim for damages was reduced in the trial while only the plaintiff appealed, the subject of the judgment in this court is limited to the statutory interest on the obligation to return the above price and the part of the claim for damages to which the plaintiff appealed and reduced.

2. Basic facts

A. B on February 2, 1970, following the agreement on the division of inherited property on February 2, 1970, the land of this case was completed with the provisional registration under the name of E, and on February 2, 197, the land of this case was “the land of this case” and “the land of this case”

On May 15, 1987, E acquired ownership and completed the registration of ownership transfer in its name with respect to the instant land. 2) On February 1, 1998, E concluded a sales contract with respect to land of seven parcels, including the instant land owned by B (hereinafter collectively referred to as “instant land, etc.”), including the instant land, (i) the total purchase price is KRW 100 million, but the down payment is KRW 10 million on the date of the contract, and the remainder is KRW 90 million on March 1, 1998; (ii) the procedure for the registration of ownership transfer is implemented one year after the date of the payment of the remainder; and (iii) upon the receipt of the remainder, E shall complete the provisional registration of ownership transfer registration and pay KRW 700,000 each month until the principal registration is completed.

3) After paying the down payment and remainder to B pursuant to the above sales contract, E entered into a pre-sale contract with B on March 5, 1998 with respect to the instant land, etc., and on March 26, 1998, the provisional registration for preserving the right to claim transfer of ownership (this court registration and receipt No. 9002, hereinafter referred to as “the instant registration”).