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. Facts of recognition;

A. On March 31, 2014, the Plaintiff sold the instant land to the Defendant, and determined the sales price as KRW 190,000,000; however, on the day of the contract, the Defendant paid the Plaintiff the down payment of KRW 8,000,000 and the intermediate payment of KRW 80,000,000 to the Plaintiff; on April 1, 2014, the following day, the Plaintiff transferred the ownership of the instant land to the Defendant; and on August 5, 2014, concluded a sales contract to pay the remainder of KRW 102,00,000 to the Plaintiff (hereinafter “instant sales contract”).

B. On April 1, 2014, the Plaintiff received only KRW 58,000,000, which is a part of the down payment and intermediate payment stipulated in the instant sales contract from the Defendant, and completed the registration of ownership transfer for the instant land to the Defendant.

C. If the Defendant did not pay the remaining purchase price of KRW 132,00,000 (=190,000,000 - 58,000,000) on July 24, 2015, the Plaintiff filed the instant lawsuit seeking the cancellation of the Defendant’s ownership transfer registration on the instant land, with the Defendant’s claim for restitution following the cancellation of the instant sales contract, as the cause of the claim for restitution.

On August 18, 2015, the lawsuit of this case is pending with D on August 18, 2015, the Plaintiff agreed to pay the Plaintiff KRW 150,000,000 as compensation, etc. for damages, etc., and to take measures, etc. in the event of nonperformance (hereinafter “instant agreement”). The main contents are as follows.

The plaintiff and the defendant agree with respect to the case of registration for cancellation of ownership in the High Government District Court of the Agreement 2015da83715.

:

1. Regarding the real estate sales contract for the land of this case, the defendant shall account in the bank account under the name of the plaintiff for the amount of KRW 150,000,000, totaling 18,000,000, as the compensation for damages suffered by the plaintiff, such as the purchase and sale amount of KRW 132,00,000 and interest for delay and litigation costs.