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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.
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. The summary of the Plaintiff’s assertion 1) At the time of the conclusion of the instant sales contract, the Defendant did not notify the Plaintiff of the prohibition of disposal of business rights and provisional disposition, and the progress of the public sale procedure on the instant real estate. The Defendant was obligated to provide the instant real estate as collateral pursuant to the instant sales contract, and the Defendant did not comply with the Plaintiff’s request for cooperation without obtaining the consent of the first beneficiary necessary for the Plaintiff’s loan (or the Korea Land Trust) and the consent of the trustee (or the Korea Land Trust).
The Plaintiff asserted to the effect that, from the first instance court to the trial court, the Defendant did not perform its duty to cooperate with the Plaintiff’s loan by participating in the change of the entries in the original trust register. However, it was found that the Defendant was not involved in the inquiry into the Korea Land Trust in the trial court, and it was difficult to present the aforementioned assertion in the legal brief dated January 19, 2015.
3) Accordingly, the Plaintiff rescinded the instant sales contract on the grounds of the Defendant’s nonperformance. As such, the Defendant is obligated to pay the Plaintiff the down payment of KRW 220 million to the Plaintiff as the restitution following the rescission of the contract, the damages for delay, which the Plaintiff paid to the supervising company of the instant real estate development project on May 29, 2012, as the damages for nonperformance of the contract. (B) The Plaintiff entered into the instant sales contract with the Plaintiff, and the Defendant, according to the instant sales contract, the down payment of KRW 220 million to the Defendant pursuant to the instant sales contract.