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. The Defendant is a project implementer who sells and supplies the Suwon-si Distribution Center C (hereinafter “instant distribution center”).

B. On January 6, 2009, the Defendant entered into a sales contract with the Plaintiff to sell 101 square meters (42.07 square meters of exclusive use area, 62.81 square meters of total sale area, hereinafter “instant commercial building”) on the first floor of the instant distribution center (hereinafter “the first sales contract”) at KRW 882,285,112, and received the down payment from the Plaintiff.

The indication of the object of sale at the first sale contract shall include the commercial building in which the commercial building in this case is printed and indicated as the "convenition store" in the next place.

C. On June 22, 2010, the Defendant reduced the sales price of the first installment contract between the Plaintiff and changed the payment date of the third installment payment and the balance, but the remainder entered into a sales contract with the same content as the first installment contract (hereinafter “the second installment sale contract”). However, the date of concluding the first installment sale contract (Evidence 2-2) entered the first installment sale contract into into as of January 6, 2009, stating the date of concluding the first installment sale contract (Evidence 2-2) as of January 6, 2009, and treat the down payment and the first installment payment paid pursuant to the first installment sale contract as payment under the second installment sale contract.

Unlike the first contract for sale in lots, the second contract for sale in lots does not indicate the phrase "convenition point".

On the other hand, on June 11, 2010, the Defendant concluded a lease contract with Nonparty D on the instant commercial building, and D opened convenience stores in the instant commercial building.

E. On July 19, 2010, the Plaintiff agreed to complete the registration of ownership transfer for the instant commercial building after full payment of the balance, and the Plaintiff and the Defendant agreed to succeed to the lessor’s status under the said lease agreement.

F. On November 2011, 2010, the Defendant occupied a middle marina (hereinafter “instant marina”) consisting of 159 through 191 in the Distribution Center of this case (hereinafter “FE”).