1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. On November 17, 2008, the Defendant purchased land from the Plaintiff, and concluded a sales contract with the Plaintiff for the purchase price of eight parcels, including the Plaintiff and Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 528 square meters and N 49 square meters (hereinafter referred to as the “instant land”), with a total of KRW 1,923,200,000 (hereinafter referred to as the “instant sales contract”).

B. The Plaintiff received KRW 120 million in cash out of the purchase price of the instant land KRW 265,700,000, and on December 3, 2009, issued by Q (Representative Director S) Co., Ltd. and received the check of a party shares equivalent to KRW 145,700,000, which the Defendant endorsed, and completed the registration of ownership transfer of the instant land to S on December 17, 2009, but the said check was not settled on January 25, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) concluded the instant sales contract with the Defendant, set forth KRW 265,700,000, which is part of the subject matter of the said sales contract, and completed the registration of ownership transfer of the instant land at the Defendant’s request. Therefore, the Defendant is obligated to pay the Plaintiff the remainder after deducting KRW 120,700,000, which was already paid from KRW 265,700,000, from the purchase price to the Plaintiff and the Defendant’s claim. However, it was true that the instant sales contract was concluded between the Defendant and the Defendant, but the Plaintiff concluded a separate sales contract with the Defendant for the instant land and completed the registration of ownership transfer in accordance with that sales contract.

Therefore, the defendant is not a party to the above sales contract, and is not obligated to pay the purchase price.

B. On November 17, 2008, the Plaintiff entered into the instant sales contract with the Defendant, and the instant land on the subject matter of the sale.