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

A. On July 16, 2015, the Plaintiff, via Nonparty C, an agent, purchased the Defendant’s share (2,310/13,838) in the amount of KRW 250,00,000 (hereinafter “instant sales contract”) among the 1,920 square meters (hereinafter “instant land”) in Nam-gu, Nam-gu, Chungcheongnam-gu (hereinafter “instant land”), and paid the Defendant the down payment amount of KRW 20,000,000 on the date of the contract.

B. Under the instant sales contract, the Plaintiff paid to the Defendant the remainder KRW 130,000,000 in the intermediate payment of KRW 130,000 on September 16, 2015, and KRW 100,000 on February 29, 2016.

C. Article 6 of the sales contract of this case provides that “If a seller or a purchaser fails to fulfill the terms of this contract, the other party may demand in writing the seller or the purchaser to demand in writing the other party to cancel the contract. The other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed on the damages, the contract deposit shall be deemed as compensation for damages.” Paragraph (7) of the special agreement provides that “The special agreement of this case (hereinafter “the special agreement of this case”) shall be “the seller and two other parties and the defendant shall make a loan for the financial right at the same time as they

On the other hand, the remaining shares of the instant land, excluding the Defendant’s shares, are owned by Nonparty E, F, and G. On July 31, 2015, the sales contract of this case, was concluded on July 24, 2015, with the Plaintiff as a provisional registration authority for the said E, F, and G shares as of the said E, F, and G shares, respectively.

E. On September 14, 2015, the Plaintiff filed the instant lawsuit seeking the payment of KRW 40,000,000, total amount of KRW 20,000,000 for the rescission of the instant sales contract and the amount of KRW 20,000,00, which had already been paid, on account of the impossibility of performing the instant contract.

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

2. The gist of the Parties’ arguments.