A. At around 12:00 on March 4, 2020, the Plaintiff drafted a real estate sale contract (hereinafter “instant contract”) with a content that purchases the Defendant 1/3 share of the Defendant (hereinafter “instant real estate”) among the Defendant’s cement brick fixtures and roof single-story factories 159.77m2, Yongsan-gu Seoul, Seoul, at a certified broker office located in Yongsan-gu Seoul Metropolitan Government D's office.

The above contract contains the following contents:

The purchase price of KRW 190 million is paid and received at the time of the contract. The seller or the buyer of the payment of KRW 50 million between the Defendant and the intermediate payment of KRW 50 million on March 31, 2020 and KRW 90 million on April 30, 2020 may, in the event of the nonperformance of this contract, give written peremptory notice to the defaulted person and rescind the contract.

In addition, the parties to the contract may claim damages from the other party following the rescission of the contract, and the contract deposit shall be deemed as the basis for damages, unless otherwise agreed.

The special terms and conditions: The sales contract is a contract for the share of the Defendant with a share of 1/353.25 square meters in public land among cement brick fixtures and roof single-story buildings (factory) 159.77 square meters. The Plaintiff of the seller’s buyer

B. On the same day as the Plaintiff is preparing the instant contract, the Plaintiff paid the Defendant the down payment of KRW 50 million under the said contract (hereinafter “the down payment”) to the Defendant, and the Defendant affixed a seal to the said contract at around 13:40 on the same day as the Plaintiff.

(c)

The defendant is a company that sells and purchases real estate.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The parties' assertion

A. 1) The Plaintiff’s primary cause of claim did not enter into a real estate sales contract under the instant contract (hereinafter “instant contract”), which is the cause of the Plaintiff’s primary claim. Therefore, the Defendant is liable to return the instant down payment to the Plaintiff.

2) No. 1 preliminary.