1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. (1) The Plaintiff, the Defendant, and the co-defendant C of the first instance trial offered money around May 19, 2005 to purchase the land of this case (hereinafter “instant land”) and then completed the registration of ownership transfer on June 1, 2005.

(2) On February 2015, the Plaintiff, the Defendant, and C agreed to sell the instant land jointly purchased and held to a third party and distribute profits therefrom.

B. (1) Around February 2015, the Plaintiff delegated the Defendant with the authority to sell the instant land, and the Defendant sold the instant land to H on behalf of the Plaintiff on February 16, 2015.

The following are the parts of the above sales contract relating to this case:

(hereinafter “instant sales contract”). The Plaintiff sells the instant land to H for the price of KRW 346 million.

H shall pay the Plaintiff a down payment of KRW 50 million on the date of the contract, and the remainder of KRW 296 million on the date of April 30, 2015.

The seller shall compensate for the amount of the down payment at the time of the termination of this contract, and the buyer shall waive the down payment and shall not demand the return thereof, and the contract shall be cancelled.

A seller shall deliver necessary authorization and permission-related documents to a buyer simultaneously with the receipt of down payment.

(2) At the time of the conclusion of the instant sales contract, H paid the down payment of KRW 50 million to the Defendant, and the Defendant returned the down payment of KRW 25 million out of the down payment to H as development costs.

(3) As above, the Defendant paid 9.5 million won each to the Plaintiff and C, out of the remaining down payment of KRW 25 million.

C. (1) Although H paid down payment, the Plaintiff did not provide the documents related to the authorization and permission stipulated in the instant sales contract, and H filed a claim against the Plaintiff for the cancellation of the instant sales contract and the restoration of the original state and the compensation for damages.