1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. A limited partnership C (hereinafter “C”) that the Plaintiff is a representative member is a company established for the purpose of development projects, construction-related re-services (mediation, good offices), construction construction, real estate leasing business, etc., and has promoted the new apartment construction project by purchasing and developing real estate in Gangseo-si G-si.

B. On May 20, 2005, C, as part of the foregoing business, purchased from the Defendant the instant real estate transaction agreement at KRW 350 million (hereinafter “instant transaction agreement”) a price of KRW 350 million for the said land and buildings (hereinafter “instant real estate”). The main contents are as follows.

Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

10% of the down payment shall be paid pursuant to Article 3, and the balance 90% shall be paid to the seller's account within 60 days after the buyer's completion of the district unit plan.

The time to pay the down payment under Article 3 shall be paid in the following account of the seller within two days from the date on which the agreement on the sale of real estate required by the purchaser is prepared by 100%:

Article 9 When a seller receives a down payment and an intermediate payment, he/she shall re-preparation a sales contract with the same content in accordance with this Agreement.

Article 10 The effective term of this Agreement shall be December 31, 2005, and shall be null and void thereafter.

Seller Account: Nonghyup Bank Name, Account Number H, and Account Holder Defendant Buyer: Defendant Buyer: A Licensed Real Estate Agent J

C. After June 23, 2005, a real estate sales contract was prepared by the Plaintiff to purchase the instant real estate from the Defendant for KRW 350 million (hereinafter “instant sales contract”), and its main contents are the same as the instant sales agreement, and the seller’s column is written “Defendant” and “A and K” as the buyer’s column, and the witness column is the official column.