1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate from January 18, 2013 to October 8, 2014.

1. Basic facts

A. On March 25, 2012, the Plaintiff entered into a contract with the Defendant to pay each of the remainder of KRW 248,55 million on March 29, 2012 (hereinafter “instant sales contract”). On March 25, 2012, the Plaintiff purchased part of KRW 462,7,00,000 on the attached sheet No. B and C (hereinafter “instant land”). However, the Plaintiff entered into a contract with the Defendant to pay each of the remainder of KRW 48,50,000 on the date of the contract, the intermediate payment of KRW 20,000,000,000 on March 29, 2012 (hereinafter “instant contract”).

B. Accordingly, the Plaintiff paid the Defendant the down payment of KRW 48.5 million on the day of the contract, and the intermediate payment of KRW 200 million on March 29, 2012, but failed to pay the remainder KRW 248.5 million.

C. Meanwhile, at the time of the instant sales contract, the land Leecheon-si B (hereinafter referred to as “the land specified as only once”) was owned by the Defendant, and C was owned by D. D sold C land at KRW 470 million to E on February 20, 2012, and accordingly, C’s ownership transfer registration was completed on June 7, 2012.

The Defendant was delegated by E on February 12, 2012 with all the authority regarding the sales contract for land C and the receipt of the sales price.

E. On the other hand, on January 17, 2013, the Plaintiff: “After concluding the contract on the instant land on March 25, 2012, the Plaintiff prepared a “written confirmation of contract rescission” with the content that “I want to cancel the contract due to personal circumstances.”

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 4, Eul's 1 through 10, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1 is that the Defendant may complete the registration of ownership transfer with respect to the land D owned by the Plaintiff, and the Plaintiff concluded the instant sales contract and paid KRW 248.5 million in total the down payment and intermediate payment. After the conclusion of the instant sales contract, the registration of ownership transfer is completed in the future regarding the land C, while the Defendant’s obligation to implement the registration procedure for ownership transfer with respect to the land of this case against the Plaintiff was impossible.

Therefore, it is true.