1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this case is as follows, except for the addition of the judgment on the plaintiff’s re-claim by different claims, and thus, it is identical to the description pertaining to the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, although the Plaintiff demanded the establishment of the right to collateral security for the purchase price against the Defendant, the Defendant did not comply with the terms and conditions of the special agreement, the Defendant should pay the purchase price regardless of whether the terms and conditions of the agreement are complied with.

However, there is no legal basis to interpret that prior to the performance of the Plaintiff’s special terms and conditions as exempting the Defendant from the obligation to perform the special terms and conditions, in the event that the Defendant forced the establishment of a collateral to secure the purchase price or there is no establishment of a collateral security.

Therefore, we cannot accept the Plaintiff’s assertion even without examining any further.

3. As such, the plaintiff's claim should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.