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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the cancellation part shall be revoked.
Reasons
1. Basic facts
A. On September 11, 2008, the Plaintiff sold to F each land indicated in the separate sheet (hereinafter “instant land”) and the building of 443m2 and the building of 330,000m2 and the building of 443m2 and the building of 330,000m3 and the building of 443m2 and the building of 330,000m2 were paid as down payment and intermediate payment.
B. Although the Plaintiff and the Defendant sold the instant land to F, the Plaintiff entered into a sales contract with the Defendant and the Defendant for the introduction of D, an employee of C Co., Ltd. (hereinafter “C”) to sell the instant land, and entered into a sales contract with the Defendant on three occasions as follows.
① The purchase price of KRW 400,000,000, down payment of KRW 400,000,000 and the intermediate payment of KRW 60,000,000 and the intermediate payment of KRW 30,000,000 on July 8, 2009 (hereinafter “the purchase price as of July 8, 2009”): The remainder of KRW 300,000,000 on the date of the contract, and the remainder of KRW 300,000 shall be paid upon the completion of the lawsuit with E
② A sales contract made on December 5, 2009 (hereinafter “sales contract made on December 5, 2009”): KRW 524,117,00, and KRW 90,000 for the purchase price, and KRW 200,000 for the intermediate payment on December 5, 2009; KRW 200,000 for the intermediate payment on December 20, 2009; and KRW 234,117,00 for the remainder payment on January 30, 2010, respectively.
③ It is called “the sales contract executed on March 25, 2010,” which was concluded on March 25, 2010.
(2) The Plaintiff paid KRW 26,000,000 to the Defendant for the total amount of KRW 26,000,000 by subrogation for the Plaintiff’s obligations to the agricultural cooperatives, and KRW 26,000,000,000, in total, for the payment of the down payment and the purchase price pursuant to the instant sales contract.
3. According to the instant sales contract, the Defendant completed the registration of the right to claim the transfer of ownership (No. 30322 of receipt on July 9, 2009) with respect to the instant land based on the purchase and sale promise on July 8, 2009, on the ground of sale and purchase agreement, and on the ground of sale on March 25, 2010.