1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

In the first instance court, the Plaintiff sought damages of KRW 15,175,00 on the ground of nonperformance of obligation or seller’s warranty liability, on the ground that the sales contract concluded between the Plaintiff and the Defendant was cancelled, and that the Defendant was restored to its original state, KRW 175,00,00 as compensation, and KRW 2,00,000,00 on the ground that the said sales contract was not rescinded as a conjunctive. The first instance court dismissed all of the primary and conjunctive claims.

Accordingly, only the plaintiff appealed against the dismissal of the conjunctive claim.

Of the Plaintiff’s conjunctive claim, the part seeking payment of KRW 13,175,00 (= KRW 6,875,000,000) out of the Plaintiff’s conjunctive claim is sought on the premise that the Plaintiff maintains the validity of the above sales contract. As such, the Plaintiff’s primary claim constitutes a preliminary claim which is impossible to be compatible with the part claiming restitution, but the part seeking payment of KRW 2,00,000,000,000, regardless of the rescission

Therefore, the plaintiff's claim can be seen as a simple combination of the primary claim seeking the payment of KRW 175 million, the primary claim seeking the payment of KRW 13,175,000,000, and the conjunctive claim seeking the payment of KRW 2 million.

The subject matter of this Court is limited to the preliminary claim and the combination of two million won claims.

The reasoning for this part of the basic facts in this court is that the corresponding part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following parts:

[Based on recognition] The Plaintiff’s assertion that “A’s evidence Nos. 1 through 4, B’s evidence Nos. 1 through 5, and 8 (including branch numbers if there are branch numbers), and the purport of the entire pleadings” is not more than 6,875,000 square meters as a result of the first instance court’s appraisal, and not more than 717 square meters in Chungcheongnam-do, Chungcheongnam-do, and 658 square meters in G.