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. Facts of recognition;

A. On November 18, 2005, the Plaintiff purchased the land, etc. on three lots, including the purchase price, from the Defendant (hereinafter “each of the instant real estate”) in Jeonjin-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the purchase price of KRW 1 billion. The down payment of KRW 80 million on the date of the contract, and the intermediate payment shall be paid by the Plaintiff on the date of the contract, and the intermediate payment shall be paid by the means that the Plaintiff assumes the obligation of KRW 590,000,000,000, which was executed as security, and the balance of KRW 330,000,000 shall be paid until December 19, 2005.

(hereinafter “instant sales contract”). B.

The Plaintiff paid the down payment amount of KRW 80 million according to the instant sales contract (hereinafter “the down payment”). However, the Plaintiff and the Defendant did not pay any balance on the payment date of the remainder. On December 20, 2005, the Plaintiff and the Defendant agreed to extend the payment date of the remainder on January 30, 2006, and, if the payment date of the remainder is not made by the said payment date, written a letter of intent to waive all the remainder. On December 21, 2005, the Plaintiff paid KRW 5 million to the Defendant as interest on the loan obligation.

C. However, the Plaintiff failed to pay the remainder until the payment date of the remainder is extended.

Since then, on April 13, 2006, the Defendant received KRW 330 million from E (hereinafter “E”), and on April 18, 2006, completed the registration of ownership transfer for each of the instant real estate to E on April 13, 2006, and E completed the registration of ownership transfer by reason of sale on April 13, 2006, and on August 14, 2006, for the acquisition of loan contracts from the Defendant, the registration of change of collateral security changed from the Defendant to E.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including virtual number; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff agreed with the Defendant to cancel the instant sales contract, and the Plaintiff concluded a sales contract between the Defendant and the third party on each of the instant real estate.