2. The costs of lawsuit shall be borne by the Plaintiff.

A. On February 12, 2015, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) to purchase the real estate owned by the Defendant (Seoul Special Metropolitan City Gwangjin-gu’s site and its ground and its sloping roof housing and neighborhood living facilities; hereinafter “instant building”) at KRW 1.1 billion (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 50 million.

At the time of the conclusion of the instant sales contract, the Defendant agreed to pay the remainder of KRW 50 million by February 24, 2015, and pay the remainder of KRW 1 billion by April 30, 2015.

B. However, the Plaintiff mentioned that not only did not pay the intermediate payment by the agreed deadline but also could not pay the remainder normally. On March 16, 2015, the Defendant notified the Plaintiff of its intention to cancel the instant sales contract and confiscate the down payment KRW 50 million on the grounds that the Plaintiff did not pay the intermediate payment by the agreed deadline.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) cannot achieve the purpose of the contract due to defects in illegal expansion, unauthorized alteration of the purpose of use, etc. existing in the instant building. Therefore, the Plaintiff cancelled the instant sales contract and sought the return of the amount equivalent to the down payment

② The Plaintiff entered into the instant sales contract by mistake that there is no problem for the use of, and profit from, the instant building due to the completion of its condition, and the lease, etc., and the Defendant was also aware of such intent of the Plaintiff, and thus, the Plaintiff is entitled to cancel the instant sales contract and seek the return of the amount equivalent to the down payment on the ground of

(3) Inasmuch as the down payment under the instant sales contract constitutes an estimate of the amount of damages, and the amount thereof is unreasonable, the Defendant shall return all or part of the down payment to the Plaintiff.

B. The sales contract of this case asserted by the defendant is the plaintiff.