1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the claim for damages caused by a provisional injunction, and by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

2. Basic facts

A. On July 13, 2012, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with respect to the right to sell lots of land between the Defendant and the Defendant, which the Defendant purchased from the Korea Land and Housing Corporation according to the Multifunctional Administrative City Construction Project (hereinafter “instant land”).

A) The sales contract was concluded with the intent to purchase the purchase price of KRW 2.8 billion (hereinafter “instant sales contract”).

(2) The Plaintiff and the Defendant shall pay the purchase price as follows with respect to the sale of the instant land under Article 1 (Purpose) as follows. The Plaintiff and the Defendant shall pay the purchase price as follows. The amount of KRW 2.8 billion for the first down payment of KRW 2.2 billion shall be paid at the time of the contract and the second down payment of KRW 400 million shall be paid in July 20, 2012. The remainder of KRW 2.2 billion shall be the Plaintiff’s direct payment in accordance with the method of payment in installments to the Korea Land and Housing Corporation, and KRW 102,38,000 shall be paid to the Defendant on October 20, 2012. Article 2 (Transfer of Ownership, etc.) shall be paid at the same time as the remainder of payment in advance, and the submission of documents, such as certificate of seal imprint, etc. shall be paid immediately after the change is made. Where the Defendant violated this contract, the Plaintiff shall be liable for damages to the Plaintiff or the other party to the contract.