1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 3, 2003, while the Plaintiff leased and used the instant land owned by the Defendant from around 1998, the Plaintiff commenced the new construction of the instant building on the instant land and completed the said construction on November 13, 2003, and completed the registration of ownership preservation in the name of the Plaintiff on the same day.

B. On November 18, 2003, the Plaintiff concluded a sales contract with the Defendant to purchase the instant land in KRW 8778 million (hereinafter “instant contract”).

The main contents are as follows:

The terms and conditions of purchasing down payment of KRW 576,80,000, intermediate payment of KRW 100,000 ( July 9, 2004) and the balance of KRW 200,000,000 ( August 20, 2005) are to enter into a contract under the condition that the purchaser bears capital gains tax and resident tax on the land, and to first acquire the building and pay the land price as the loan by securing the land and the building.

When the seller has neglected this contract, he/she shall compensate the buyer twice the down payment, and when the buyer has neglected the contract, the down payment and the intermediate payment shall be null and void, no claim for the return shall be made, and the building shall be registered to the land seller and shall be registered to the land seller.

C. Around that time, the Defendant filed an application for reconciliation with the Ulsan District Court prior to filing a lawsuit, and on February 25, 2004, drafted a protocol of compromise, the main contents of which include the following addition between the Plaintiff and the Plaintiff:

(Slsan District Court 2003Ma259, hereinafter referred to as the "Reconciliation in this case"). When the applicant concludes this contract, if the respondent compensates the respondent for the amount of the down payment and the respondent fails to pay the above intermediate payment and the remainder payment by the due date, the above contract is automatically terminated, and the respondent is not entitled to claim the payment of the down payment and the intermediate payment already paid to the applicant, and the respondent's building constructed on the above land also implements the procedure for the registration of ownership transfer to the applicant.