1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

On August 10, 2016, the Plaintiff concluded a sales contract with the Defendant to complete the registration of ownership transfer under the name of the Defendant (hereinafter “instant sales contract”) on the land listed in paragraph (1) of the attached Table Nos. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table Nos. 2 (hereinafter “instant building”) as indicated in the attached Table Nos. 510,000,000; the down payment of KRW 30,000 shall be paid until August 11, 2016; the remainder of KRW 480,000,000 shall be paid until September 10, 2016; and if all remainder is paid, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”).

At the time of the conclusion of the instant sales contract, the Plaintiff: (a) reported that the actual purchase price was KRW 510,00,000, but was traded in KRW 400,000; and (b) completed the registration of transfer of ownership by September 9, 2016; and (c) completed the registration of transfer of ownership, and did not pay any balance by September 9, 2016, the Plaintiff prepared a written confirmation that the instant sales contract should be invalidated (hereinafter “instant confirmation”).

On August 11, 2016, the Plaintiff paid the down payment of KRW 30,000,000 to the Defendant according to the instant sales contract.

Meanwhile, at the time of the conclusion of the instant sales contract, four rooms were illegally remodeled on the first floor of the instant building. On May 16, 2016, which was three months prior to the conclusion of the instant sales contract, the Defendant received and delivered to the Plaintiff a “collective building ledger” and “building status map” on the instant building, and issued a copy of the lease contract concluded with the lessee upon the Plaintiff’s request.

Upon entering into the instant sales contract with the Defendant at the same date, the Plaintiff entered into a sales contract with D to sell the instant land and buildings at KRW 660,000,000 (hereinafter “instant resale contract”).

The defendant shall pay the remainder on September 5, 2016 and September 8, 2016 to the plaintiff on the date of the agreement.