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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. On December 21, 2006, the Plaintiff concluded a sales contract with the Defendant on December 21, 2006 with a view to acquiring business rights of KRW 29,586 square meters of land (hereinafter “instant land”) and its ground-based housing construction project (hereinafter “instant project”), and claimed that the Defendant paid the purchase price (hereinafter “instant sales contract”). On the other hand, the Plaintiff asserted that: (i) the implementation of the procedure for the registration of transfer of ownership of the instant land under the premise that the instant sales contract is valid around, and (ii) the instant sales contract was rescinded in preliminary place; and (iii) the said contract was rescinded; and (iii) thus, (iv) the Plaintiff claimed that the total amount of KRW 560,499,210 paid with the purchase price was the profit acquired without legal grounds; and (v) the Defendant sought restitution of unjust enrichment.
As to this, the first instance court rejected the Plaintiff’s primary claim on the grounds that there is no evidence to prove that the instant sales contract was valid, and (2) there is insufficient evidence to support that the Defendant was paid each amount claimed by the Plaintiff as the purchase price under the instant sales contract.
As the plaintiff appealed only to the conjunctive claim, the scope of this court's trial is limited to the above (2) of the judgment of the first instance.
2. The reasons why the court should explain this part of the facts of recognition are as follows: “The defendant appealed to the Supreme Court Decision 2012Da92982 on January 16, 2013, but the above judgment became final and conclusive as it is, although the defendant appealed to the Supreme Court Decision 2012Da92982 on this part, the defendant's appeal was dismissed on January 16, 2013,” and the "Witness 5" of the judgment of the court of first instance is as witness of the court of first instance.