1. The plaintiff shall dismiss the incidental appeal.

2. The judgment of the court of first instance is modified as follows.

The defendant is against the plaintiff.

1. Whether the Plaintiff’s incidental appeal is lawful or not, at the first instance trial, the Plaintiff filed a claim for restitution of unjust enrichment due to the cancellation of the fraud, return of unjust enrichment due to the cancellation of mistake by the primary claim, and restitution of the original claim due to the cancellation of the contract

However, it is nothing more than an attacking method for claiming a cause without legal basis in a claim for return of unjust enrichment as the failure, cancellation, invalidation, or rescission of a contract (see Supreme Court Decision 2006Da81141, Jul. 13, 2007). The nature of the cancellation of a contract based on fraud or mistake and the effect of rescission of a contract is both restitution of unjust enrichment and the nature of the return of the purchase price that the Plaintiff seeks as the effect of rescission of a contract. Each claim sought by the Plaintiff does

On the premise that the plaintiff's incidental appeal was dismissed as the principal claim and the first preliminary claim, it seems that the plaintiff's incidental appeal on the ground of cancellation due to fraud and mistake is to seek a new decision on the ground of the above claim.

However, the Plaintiff’s assertion of revocation due to fraud or mistake that the Plaintiff seeks is subject to adjudication as a means of attack and defense against a claim for return of unjust enrichment at the trial. Ultimately, the Plaintiff’s incidental appeal is merely seeking a judgment with the same content as that cited in the judgment of the court of first instance, and

2. Basic facts

A. On February 20, 2006, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff and the Defendant 75,741 square meters of C forest land in Suwon-gu, Suwon-si, Suwon-si (hereinafter “C forest land”).

Of the 12,800 pages, a sales contract was prepared with respect to the 12,800 pages, and the main contents thereof are as follows (No. 2-1, hereinafter referred to as “first sales contract”).

A. The seller: The seller shall pay the purchase price of the plaintiff: KRW 1,280,00,000 as the down payment of KRW 60,000,000 at the time of the contract, and the first intermediate payment of KRW 200,000 at the time of the contract shall be paid and received KRW 20,000 on February 28, 2006.

The second intermediate payment of KRW 100,000 shall be paid on May 10, 2006.