1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following “2. height”, and thus, it is acceptable in accordance with the main sentence of Article 420

2. The second and third sides of the judgment of the court of first instance are as follows.

After purchasing 60,000,000 the instant apartment units from the Passenger Construction Co., Ltd., the Defendant sold the ownership of the instant apartment units to the Plaintiff at KRW 90,000,000.

However, the ELC Construction Co., Ltd., which received the right to sell the apartment of this case from the Passenger Building Co., Ltd., did not recognize the Plaintiff’s right to sell the apartment of this case, and the Defendant did not perform the procedure for changing the ownership of the right to sell the apartment of this case. Ultimately, the obligation to deliver the apartment of this case was currently impossible due to the bankruptcy of ELC Construction Co., Ltd.

Accordingly, the Plaintiff cancelled the sales contract of this case, and sought payment of KRW 30,000,000 ( KRW 90,000,000 that the Defendant received from the Plaintiff - 60,000,000 that the Defendant paid to the Jeju Construction Co., Ltd.) by restitution of unjust enrichment or restitution of unjust enrichment.

3. If so, the plaintiff's claim should be dismissed as it is reasonable.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.