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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.
Reasons
1. Basic facts
A. B (hereinafter referred to as “B”) shall be the sales price of KRW 2,260,80,000 (contract amounting to KRW 226,080,000, the remainder 2,034,720,000) with D on January 26, 2006 and its ground buildings (hereinafter referred to as “each of the instant real property”) in order to carry out the construction and sale business of the main complex building (hereinafter referred to as the “project in this case”) on a lot of land outside Jongno-gu Seoul, Jongno-gu and 95 lots. The remainder of the down payment that was not paid until December 31, 2006 shall be treated as penalty, and D shall enter into a sales contract between D and D to complete the registration of ownership transfer and delivery of each of the instant real property in this case (hereinafter referred to as the “sale contract”), and D shall be paid the down payment to D as the down payment in this case (hereinafter referred to as “the instant case”).
B. However, until December 31, 2006, B failed to pay the balance under the instant sales contract to D, and D sent to B on January 8, 2007, a document verifying that “the instant sales contract is terminated due to the failure to pay the balance by the due date for the payment of the balance under the instant sales contract, and the instant down payment shall be treated as penalty for breach of contract” (hereinafter the content certification of this case). The content certification of this case reached B around that time.
C. Meanwhile, on June 30, 2006, B entered into a contract with F on the transfer of all rights and duties concerning the instant business (including the transfer of the buyer’s rights and duties to F under the sales contract on the land that B entered into a sales contract with the buyer in connection with the instant business) with F. F was liable for the debt amounting to KRW 10 billion to the Dok Capital Co., Ltd. (e., July 8, 2008), and F was liable for the debt amounting to KRW 10 billion to the Plaintiff on July 9, 2007.