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1. The plaintiff's appeal and the main claim added and expanded in the trial are dismissed, respectively.
2. Appeal.
Reasons
1. Facts of recognition;
A. On June 13, 2003, the Plaintiff entered into a contract with the Defendant to sell KRW 3,300 square meters and KRW 122 square meters prior to D prior to the Plaintiff’s grace period (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant for KRW 200 million (hereinafter “instant sales contract”).
B. The Plaintiff issued a certificate of personal seal impression, etc. necessary for the registration of transfer of ownership of the instant real estate to the Defendant, and the Defendant completed the registration of transfer of ownership on June 16, 2003.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7 evidence, Eul evidence 4 (including each number; hereinafter the same shall apply), the result of fact inquiry to Eul of the court of first instance, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion 1) The Defendant did not pay only KRW 80 million out of the purchase price of KRW 200 million under the instant sales contract, and did not pay the remainder KRW 120 million. The Plaintiff primarily cancelled the instant sales contract on the grounds of the Defendant’s nonperformance. As such, the Defendant is obligated to transfer the ownership of the instant real estate to the Plaintiff by restitution. However, the Defendant’s disposal of the instant real estate so it is impossible for the Plaintiff to return its original property. As such, the Plaintiff seek for reimbursement of KRW 524,700,000 for the value of the instant real estate and delay damages therefrom. The Plaintiff sought preliminary payment of KRW 12,000,000, which was unpaid by the Defendant out of the purchase price to be paid to the Plaintiff under the instant sales contract. The Defendant claimed for reimbursement of KRW 200,000,000 from the purchase price to the Plaintiff through Defendant G, the Plaintiff’s claim is unjust.
B. Determination 1: (a) The Defendant asserts that the purchase price was paid in full (200,000,000); (b) the said amount is 122m2m2 and 3,300m2 prior to the said D.