1. The defendant (Counterclaim Plaintiff, re-appellant)'s petition for retrial is dismissed.

2. The costs of retrial are the defendant-Counterclaim plaintiff.

1. Basic facts

A. On September 30, 2010, the Plaintiff entered into a sales contract, etc.) on the part of the Defendant’s mother I, upon delegation by the Defendant, engaged in a legal act in the name of the Defendant. The Plaintiff is deemed to be a D major 711 square meters and C major 696 square meters (hereinafter “C site”) owned by the Plaintiff.

(E) 184 square meters of forest E (hereinafter “E forest”)

2) The term “instant farmland” is 9m20 square meters prior to F (hereinafter “instant farmland”).

() A total of four parcels of land is sold at KRW 190,000,000, but the down payment of KRW 15,000,000 is paid on the date of a contract, and the remainder of KRW 175,00,000 is to be paid by February 28, 201 (hereinafter “instant sales contract”).

2) The Plaintiff and the Defendant agreed to exclude the said four lots of land, which were the subject matter of the instant sales contract, from the subject matter of the instant sales contract, the G large-68 square meters among the divided sites, as seen above.

B. On September 30, 2010, the day when the instant sales contract was concluded, the Defendant paid KRW 15,000,000 to the Plaintiff as the down payment. Unlike the provisions stipulated in the instant sales contract, the Defendant paid KRW 20,000 for the intermediate payment with the Plaintiff’s consent on January 27, 201, before the remainder payment date arrives.

C. 1) At the time of the conclusion of the instant sales contract, part of the existing building and the progress of the new construction work

), 광양시 C 대 696㎡ 중 별지 도면 표시 ⓘ, ⓓ, ⓔ, ⓗ, ⓘ의 각 점을 차례로 연결한 선내 (다)부분[이하 ‘이 사건 (다)부분’이라고 한다

[2] A cement brick building 23.09 square meters (hereinafter “instant (C)”) on the ground

, 같은 도면 표시 ⓗ, ⓔ, ⓕ, ⓖ,...