1. Of the judgment of the court of first instance, as to KRW 16,441,780 against the Plaintiff and KRW 15,00,000 among them, the judgment of the court of first instance on February 7, 2013 against the Plaintiff.

Basic Facts

On November 10, 2006, the Plaintiff purchased 100 square meters out of 8589 square meters in Nam-gu, Nam-gu, Gwangju, for purchase price of KRW 20 million between the Defendant and the Defendant, and concluded a sales contract to pay the remainder of KRW 5 million by March 30, 2007, after paying the contract amount of KRW 15 million on the date of the contract.

(hereinafter “instant sales contract.” However, the instant sales contract has not been executed, and the Defendant, on March 5, 2009, paid the Plaintiff the amount of KRW 15 million up to April 25, 2009 (hereinafter “instant payment note”) to the Plaintiff.

(1) The Plaintiff, at the time of concluding the instant sales contract, did not perform the obligation to transfer ownership in accordance with the instant sales contract. [The Plaintiff’s assertion by the parties as to the facts that there was no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the grounds for the overall purport of the pleadings, was paid KRW 15 million to the Defendant, but the Defendant did not perform

Accordingly, when the plaintiff demanded the return of the down payment, the letter of payment in this case was drawn up on March 5, 2009, stating that the above 15 million won will be refunded.

Therefore, the defendant is obligated to pay the above KRW 15 million to the plaintiff and delay damages.

At the time of concluding the instant sales contract, the Plaintiff asserted that the Plaintiff had D act on behalf of the Plaintiff according to the instant sales contract, and the Defendant concluded the instant sales contract upon D’s request, which was well known to D.

Since then, the Plaintiff paid the down payment of KRW 15 million under the instant sales contract to D, who is not the Defendant, and D, in lieu of the Defendant’s payment of KRW 10 million out of the down payment, in the course of resolving the obligation and obligation between the Defendant and the Defendant, but did not pay the remainder of KRW 5 million.

Ultimately, the Defendant received only KRW 15 million out of the down payment from the Plaintiff and did not receive the remainder of KRW 5 million, but was false upon D’s request around March 5, 2009.