1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought payment of the unpaid removal price and damages for the cancellation of the sales contract against the Defendant, and the first instance court dismissed the claim for payment of the unpaid removal price and accepted the claim for damages, etc. due to the cancellation of the sales contract.

Therefore, since only the defendant appealed against this, the object of this Court's adjudication is limited to the claim of damages, etc.

2. Basic facts

A. The instant sales contract was concluded - The Defendant sold the subject matter of sale to the Plaintiff at KRW 50 million.

- The subject matter of sale is “Ulsan-dong, Ulsan-gu C large 324 square meters (hereinafter referred to as “the instant land”).”

-The down payment of KRW 350 million out of the purchase price shall be paid immediately after the contract is concluded, and the intermediate payment of KRW 350 million shall be paid as the loan received by the Plaintiff as security after the Plaintiff has completed the registration of ownership transfer on the subject matter of sale, and the remainder of KRW 170 million shall be paid as the loan received by the Plaintiff by offering the building sale price or the building as security after the construction of the new building.

- Before the buyer pays the intermediate payment to the seller, the seller shall reimburse the down payment and the buyer may rescind the sales contract of this case by giving up the down payment.

(Article 5 and 5 (hereinafter “instant reservation agreement”). - One of the parties to a contract may claim damages to the other party following the cancellation of contract, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages (Article 6). The Plaintiff and the Defendant concluded a sales contract with the following terms (hereinafter “instant sales contract”) on May 29, 2014:

B. By June 3, 2014, the Plaintiff, upon the completion of the instant sales contract, remitted the sum of KRW 27 million to the Defendant as the down payment under the instant sales contract.

Meanwhile, the Plaintiff is owned by the Defendant on the ground of the instant land around June 2014.