A. On September 30, 2016, the Plaintiff, through the brokerage of Licensed Real Estate Agents C, purchased the land and its ground (hereinafter collectively referred to as “instant real estate”) from the Defendant at the port of port from the Defendant to KRW 145 million. Of the purchase price, the Plaintiff agreed to pay the down payment of KRW 20 million on the date of the contract, and the balance of KRW 125 million on October 25, 2016, to be paid simultaneously with the receipt of documents necessary for the registration of transfer of ownership from the Defendant.

(hereinafter “instant sales contract”). B.

Meanwhile, at the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed that the Defendant shall repay the down payment to the Defendant before the Plaintiff pays the remainder, and the Plaintiff may waive the down payment and rescind the said sales contract, while the other party may cancel the contract if either of the parties fails to pay his/her obligation, and claim damages. In such cases, the Plaintiff agreed to pay the down payment, unless otherwise agreed.

C. The Plaintiff paid a down payment of KRW 20 million to the Defendant on the date of entering into the instant sales contract, and visited C’s brokerage offices that agreed to prepare and keep the remainder as a check on October 25, 2016, which is the remainder payment date. However, unlike the promise, the Defendant did not deliver documents necessary for the registration of transfer of ownership of the instant real estate to the Plaintiff without going through the brokerage offices.

Then, the Defendant expressed his intention not to sell the instant real estate on the ground of personal circumstances, such as the situation of divorce between C and the Plaintiff’s spouse.

E. Accordingly, on October 28, 2016, the Plaintiff notified the Defendant of the cancellation of the instant sales contract on the grounds of the Defendant’s nonperformance by content-certified mail, and requested the Defendant to refund a double of the down payment. However, the Defendant did not comply with this up to the day.

[Ground of recognition] Unsatisfy, A(1) through (3)