Litigation costs shall be borne by the plaintiff.

A. On September 12, 2020, the Plaintiff entered into a contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 285,00,000 (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 29,00,000 to the Defendant as the down payment, and agreed to pay the remainder KRW 256,00,000 to the Defendant on October 30, 2020.

B. On October 22, 2020, prior to the payment of the remainder, the Defendant expressed the Plaintiff’s intent to cancel the instant contract through a certified broker, and requested the Plaintiff to inform the Plaintiff of the Plaintiff’s account number in order to refund the amount of the down payment.

(c)

After that, on October 26, 2020, the defendant deposited KRW 58,000,000, which is a double of the down payment of KRW 29,000,000, by designating the person under consignment as the plaintiff as the plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 to 4, and the purport of the whole legal theory

2. The Plaintiff’s assertion requires performance of the registration of transfer of ownership of the instant real estate according to the instant contract.

The defendant deposited a double amount of down payment and thus the contract of this case was cancelled.

However, the plaintiff had already started human rights construction, entered into a lease agreement with the lessee who will rent the real estate of this case, and started performance, such as the procedure for lending the remaining money, etc., so the defendant cannot cancel the contract by depositing more a double amount of the down payment.

3. Determination

A. Article 565(1) of the Civil Act provides that where one of the parties to a transaction delivers the down payment to the other party at the time of the contract, unless otherwise agreed by the other party, the principal of the contract may waive it and rescind the contract until one of the parties commences the performance of the contract. The other party restricts the time to continue the right of rescission by providing for the repayment of a double of the down payment and the rescission of the contract. However, the other party separately determines the reason for rescission at the time