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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, 3, and 5, and Eul evidence Nos. 1, 2, and 3 (including the whole number, if any; hereinafter the same shall apply) and the whole purport of the pleadings.
On December 30, 2005, BochiC Co., Ltd. (hereinafter “ BochiCC”) entered into a sales contract with the Defendant to purchase the Daegu Suwon-gu C, 379.8 square meters and its ground buildings owned by the Defendant at KRW 2.3 billion (hereinafter “instant sales contract”). On February 16, 2006, BochiC Co., Ltd. (hereinafter “ BochiC”), and paid the Defendant the down payment of KRW 460 million to the Defendant.
B. The part related to the issues of the instant case among the real estate sales contract (Evidence A3) prepared at the time of the conclusion of the said sales contract is as follows.
Article 2 (Land Sale Price)
1. Payment of the purchase price for land and buildings shall be made by the Defendant, as follows:
The sum of the down payment of KRW 2.36 billion shall be paid in KRW 460 million on February 16, 2006, the intermediate payment of KRW 1.388 billion on May 22, 2006, and the remainder of KRW 460 million on October 31, 2006, respectively.
Article 4 (Effect and Rescission of Contract)
2. On May 22, 2006, the intermediate payment is to be abandoned at the time of payment (460 million won) and the sales contract is to be rescinded.
Article 5 (Responsibility for Explanation and Legal Relationship in Public Records)
2. The defendant shall not, after paying the down payment, establish a security right or a right aiming at profit-making or any other act restricting the exercise of ownership against the subject matter of sale.
Article 7 (Non-performance of Contracts, Compensation for Damages, etc.) Where any damage is incurred due to the other party's intentional or negligent act in connection with the rights and obligations under this Agreement, the defendant and Boenc may claim compensation for such damage to the other party.
C. On January 6, 2006, Boenna agreed with the Defendant to extend the payment period of KRW 1.38 billion in intermediate payment to “the end of June 2006” but attached to the above sales contract.