1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court’s judgment, the Plaintiff sought compensation for damages for KRW 3,00,000, which was reduced at the time of the sale of housing, and KRW 4,600,000, which was not received by the director. However, the first instance court accepted only the Plaintiff’s claim for consolation money, and dismissed the remainder of the claim.

The scope of the judgment of this court is limited to the claim for damages equivalent to the above consolation money, as only the defendant appealed against this.

2. According to the purport of Gap evidence Nos. 1, 3, 6, 9, and Eul evidence Nos. 6 (including provisional number) and the whole pleadings as to the cause of the claim, the plaintiff and the defendant concluded a sales contract with the effect that on February 28, 2008, the defendant would purchase the house from the plaintiff and will accept the obligation to return the lease deposit, and thereafter, the contents of the above sales contract were partially modified. The plaintiff filed a lawsuit against the defendant on December 9, 2010 against the defendant for the return of part of the lease deposit for the above house. The defendant filed a lawsuit against the plaintiff for the return of the leased house to the original state due to the illegal expansion of the above house. The plaintiff and the defendant were all ruled against the plaintiff on September 20, 201 that the defendant was not guilty of the above lawsuit on September 20, 201 (the main appeal No. 2010Da125189, Nov. 29, 2012).