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 this Court’s explanation concerning this part of the basic facts is as follows, and this part of the judgment of the court of the first instance is the same as that of the corresponding part of the judgment of the court of the first instance.

Part 6: (6) The following shall be added to:

“The Defendant paid the Plaintiff KRW 20 million in total, KRW 30 million on December 1, 2014, and KRW 60 million on December 30, 2014, according to the instant construction contract, according to the amount of advance payment, KRW 20 million, and KRW 10 million on December 30, 2014.”

2. The parties' assertion

A. Plaintiff 1) The Plaintiff, among the instant land for the business, demanded the Defendant to conclude the said sales contract to sell one complex (2,005 square meters in lots) among the instant land to Hansi Cable Co., Ltd., with the sale price of KRW 667,163,750, and 11 of the complex (432 square meters in lots) to Taesi Districtex Co., Ltd., the sale price of which is KRW 143,748,00, 12 complex (169 square meters in lots) to Hansix Co., Ltd., Ltd., with the sale price of KRW 56,234,750, 13 complex (109 square meters in lots) to AB, with the sale price of KRW 36,269,750 in lots, and the Defendant is obligated to cooperate with the entire sale price of the instant land in accordance with the instant service contract.

Nevertheless, the Defendant refused the Plaintiff’s request for the conclusion of the sales contract, which constitutes a refusal of the obligation to cooperate in the conclusion of the sales contract under the instant service contract.

The Plaintiff cancelled the instant service contract on the grounds of the Defendant’s nonperformance of the said contract, and sought payment of KRW 567,306,557, as part of the following damages incurred by the Plaintiff against the Defendant due to the Defendant’s nonperformance of the contract: ① (i) consulting cost of KRW 500,000,000; (ii) unpaid civil construction cost of KRW 416,00,000; and (iii) purchase cost of land owned by C – KRW 90,924,918; and (iv) KRW 60,00,00 already received).

B. Even if the Plaintiff did not recognize the grounds for cancellation of the Plaintiff’s assertion, the Plaintiff filed the instant lawsuit against the Defendant and claimed the cancellation of the contract and the damages.