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. On January 21, 201, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with Defendant B to purchase the purchase price of KRW 332 million, Jung-gu D apartment Adong 1205 (hereinafter “instant apartment”) in Daegu-gu (hereinafter “instant apartment”).

B. On November 22, 2011, Defendant B filed a lawsuit against the Plaintiff seeking delivery, etc. of the instant apartment as the Daegu District Court 201Kadan80583, and the instant case was concluded on March 12, 2012 (hereinafter “instant conciliation”).

1. The Plaintiff shall pay KRW 323 million to Defendant B by April 30, 2012.

(2) On February, 200, Defendant B received the above money from the Plaintiff and simultaneously implemented the registration procedure for transfer of ownership based on the instant sales contract with respect to the apartment of this case to the Plaintiff.

3. In the event that the Plaintiff becomes the date set forth in paragraph 1, the said sale is automatically rescinded, and the Plaintiff immediately delivers the apartment of this case to Defendant B, and pays damages for delay at the rate of KRW 1620,000 per month from May 1, 2012 to the completion date of delivery, and the obligations and obligations between the other Plaintiff and the Defendant are terminated.

C. Although the conciliation of this case was concluded, the Plaintiff did not implement the content thereof. On January 11, 2013, the Plaintiff entered into a lease agreement with Defendant B to lease the instant apartment with the term of KRW 20 million, monthly rent of KRW 1.3 million, and the term of lease from January 11, 2013 to January 10, 2014 (hereinafter “instant lease agreement”).

On March 19, 2014, with respect to the apartment of this case, the procedure for the auction of real estate was initiated to this court C, and the Plaintiff asserted that it is a lessee under the instant lease agreement and filed a demand for distribution on April 4, 2014, which was prior to the date of the completion of demand for distribution ( May 28, 2014).