1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

For the reasons of the Defendant’s nonperformance, the Plaintiff filed a claim for restitution due to cancellation of a sales contract, which is the claim for damages equivalent to KRW 512,481,00 due to the claim for restitution of the sales price already paid, ② KRW 104,00,00 and KRW 104,000 due to the claim for damages equivalent to the profits from rent and sales price, and each of the above amounts.

The first instance court rejected the above (including the legal interest or the part of the claim for delay damages; hereinafter the same shall apply) and the above (including the part of the claim for delay damages).

Since the defendant appealed against this part of the judgment against him, the scope of the judgment of this court is limited to the above part of the judgment.

Facts of recognition

The reasoning for this part of this Court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

The plaintiff's assertion that the defendant did not observe the scheduled date of salesroom occupants of the instant store. After entering into the instant sales contract with the plaintiff, the defendant did not obtain the plaintiff's consent while changing the number of floors and sales area of the instant store by extending the three floors of the instant building.

As such, the Defendant’s default constitutes a cause for rescinding the sales contract of this case as the Plaintiff’s delay or non-performance refusal, the sales contract of this case was cancelled due to the delivery of a copy of the complaint of this case, and thus, the Defendant is liable to refund the sales price of 512,481,00 won and legal interest and delay damages.

Since the Defendant’s argument that the instant contract for sale in lots was concluded to be notified later and that the purpose of use is scheduled, the Plaintiff not only cannot raise an objection to the Defendant, but also did not cause any disadvantage to the Plaintiff due to the change in the number of floors or the change in the area of the instant store.