1. The plaintiff's appeal is dismissed.

2. All the supplementary and conjunctive claims filed by the Plaintiff in this Court.

1. In the first instance court, the Plaintiff filed a claim for the return of down payment of KRW 100 million, damages of KRW 24,2950,250,000,000 (i.e., KRW 11,79550,00,000,000 paid for the cost of removing the building, etc., KRW 11,7955,250,000,000, which was paid for the penalty of KRW 100,000,000,000,000,000,000 won, and damages for delay, which was due to the cancellation of the sales contract for the Defendant

The plaintiff, as a result of the cancellation of the sales contract which was made primarily by the defendant's default, filed a claim for the refund of KRW 100 million, the claim for penalty of KRW 100 million due to damages, the claim for reimbursement of KRW 52,759,130,000,000 in total, and the claim for reimbursement of KRW 52,759,130,000,000,000 in the event of the cancellation of the contract due to the plaintiff's default, and subsequently amended the claim for reimbursement of KRW 52,759,759,130 in total, and the claim for reimbursement of KRW 102,759,130 in the event of the cancellation of the contract due to

In other words, the plaintiff maintains the claim for the return of the down payment and the claim for the penalty for the cancellation of the contract on the ground of the defendant's non-performance as alleged in the first instance court, and reduces the amount of KRW 142,956,250 (the cost of design service of KRW 11,795,250,000) out of the claim for damages, and added each of the above claims to the claim for the repayment of the beneficial cost, and added the claim for the return of the down payment and the claim for the repayment of the above beneficial cost after deducting the penalty incurred in the event of the cancellation of the contract due

The Plaintiff’s claim for reimbursement of beneficial expenses, including the conjunctive claim, is irrelevant to whether the sales contract of this case was cancelled due to any cause attributable to either of the original Defendant. As such, the claim amount and factual relations cannot be viewed as a preliminary claim due to its nature, the judgment on the primary claim is rendered.