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 did not perform his/her duty under the instant sales contract, and (1) the Defendant did not perform his/her duty under the instant sales contract; (2) claims for compensation of KRW 7 million by subrogation; (3) claims for compensation of KRW 10,317,500 for down payment; and (4) claims for compensation of KRW 10,000 for consolation money; and (2) the court of first instance accepted only the above claims and dismissed all the remainder.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the above claim.

2. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. As seen earlier, the effect of the sales contract of this case and the defendant agreed to succeed to the status of the plaintiff under the sales contract of this case, and the defendant asserted that the defendant cannot accept the plaintiff's assertion by asserting as follows, but the defendant's argument is without merit.

1) The Defendant appears to have confirmed the market price immediately after the preparation of the instant sales contract, and argued that the Plaintiff would tear the instant sales contract to the Plaintiff immediately, and that the Plaintiff was immediately rescinded immediately after the agreement was not concluded or that the instant sales contract was immediately rescinded. As such, it is insufficient to acknowledge the allegation of cancellation of the agreement by only the descriptions of evidence Nos. 4- 1, 2, 5-1, 5-2, and there is no other evidence to acknowledge it. 2) The Defendant asserted that the instant sales contract was rescinded since the Defendant expressed his intention to cancel the instant sales contract to the Plaintiff and the Plaintiff agreed to the cancellation of the instant sales contract on April 28, 201 by filing a report of cancellation on April 28, 2011 with the Plaintiff. Accordingly, according to the respective descriptions of evidence Nos. 1 to 2-3, the Plaintiff purchased the instant sales contract on April 28, 2011.