1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. On July 21, 2010, the Plaintiff’s assertion entered into a sales contract with the Defendant on the purchase of land and three-story buildings (hereinafter “instant land and buildings”) owned by the Defendant, Seo-gu, Busan (hereinafter “instant sales contract”). However, on the grounds of the Defendant, the ownership transfer registration was completed on September 13, 2010.

At the time of the above sales contract, C was a lessee on the first floor and the underground floor of the instant building. However, the Defendant agreed to receive KRW 1,200,000,000 from C in consideration of the Defendant’s interest burden on the Plaintiff’s purchase price loan during the delayed period of registration due to the Defendant’s circumstances.

However, since the defendant received the rent from C for the above two-month period in violation of the above agreement, it is obligated to pay 1.2 million won and damages for delay to the plaintiff pursuant to the above agreement.

2. After the Defendant entered into a sales contract with the Plaintiff on July 21, 2010 on the instant land and building with the testimony of the witness E of the first instance trial, the Defendant transferred the Plaintiff the rent claim for July 2, 2010 and the rent claim for August 8, 2010, the lessee of the instant building, to the Plaintiff.

It is insufficient to recognize that the Plaintiff agreed to pay the amount of the rent to the Plaintiff, and there is no other evidence to acknowledge otherwise.

Rather, according to the purport of each of the statements and arguments in the evidence Nos. 2 and 5, the Plaintiff and the Defendant concluded the instant sales contract on July 21, 2010, setting the sales price of KRW 340 million, and setting the down payment at KRW 35 million on the date of concluding the contract, and paying the remainder at KRW 35 million on September 21, 2010. The Plaintiff paid the remainder to the Defendant on September 10, 2010, and on September 13, 2010, concluded the ownership transfer registration for the instant land and building.