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. Facts of recognition;

A. On October 25, 2001, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with the Defendant to purchase KRW 8,507,48,760 out of the above sales price, while the Plaintiff entered into a sales contract with the Defendant for a total of KRW 874,820,000 square meters and KRW 159,000,000. However, until June 10, 2004, the Plaintiff did not pay KRW 347,48,760 of the above sales price.

B. The plaintiff and the defendant asserted the cancellation of the above sales contract, and the defendant filed a lawsuit against the plaintiff for the cancellation of the above sales contract, which sought the transfer of each of the above lands, with the Changwon District Court 2005Da47406, 2006Kadan42460 (Counterclaim), Busan High Court 2008Na757 (Counterclaim), 764 (Counterclaim), Supreme Court 2008Da94666 (Counterclaim), Supreme Court 20653 (Counterclaim), Busan High Court 2009Na5506 (Counterclaim), and 5513 (Counterclaim) of the above sales contract. The plaintiff asserted against the defendant that the above sales contract continues to exist, and filed a counterclaim for the implementation of the procedure for the transfer registration of ownership of each of the above lands and for the compensation for damages due to the defendant's non-performance of obligation, the above case was concluded by the court of first instance that reversed on January 6, 2010 (hereinafter referred to as "mediation of the case").

1. The plaintiff shall pay 400 million won at the same time to the defendant, the intervenor E, a conciliation intervenor, for each of the above land. However, if the execution is cancelled by the decision of provisional attachment on the right to claim ownership transfer registration on August 11, 2009 between the plaintiff and F, the defendant shall implement the above procedure for ownership transfer registration.

(hereinafter omitted)

C. The Plaintiff’s deposit, etc. with the Defendant (1) on October 23, 2007, when the said lawsuit was pending, the Plaintiff deposited the said amount with the Defendant and the cause of deposit as the Defendant’s and the cause of deposit refusal to receive KRW 347,48,760 as the remainder of the purchase price pursuant to the said sales contract (Seoul District Court No. 4076, 2007; hereinafter “the primary deposit”).

Then, on November 21, 2008, KRW 99,273,850 (the deposited principal) among them shall be KRW 97,48,760.