Litigation costs shall be borne by the plaintiff.

A. On December 7, 2019, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate at a fixed price of KRW 425 million, down payment of KRW 425 million, and the remainder of KRW 380 million (payment date: February 26, 2020) (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 42 million to the Defendant as down payment.

B. The Plaintiff and the Defendant stipulated the special terms and conditions of the instant sales contract as follows: “The seller actively cooperates with the buyer in the pre-sale agreement” (Article 6).

On December 28, 2019, the Defendant concluded a lease agreement between C and the instant real estate with a deposit of KRW 230 million and a period of KRW 230 million from February 14, 2020 to February 13, 2022 (24 months).

C. The defendant on February 1, 2020 and the same month to the plaintiff

6. The instant sales contract was revoked and the Plaintiff expressed its intent to return the down payment. On February 11, 2020, the Plaintiff deposited KRW 74,760,000 after deducting income tax from the total amount of KRW 84 million, a down payment, from the Plaintiff.

On the other hand, on February 13, 2020, the Plaintiff remitted KRW 150 million to the Defendant as the remainder of the instant sales contract.

[Ground] Facts without dispute, Gap evidence 1, 2, 4, 5, Eul evidence 1-1, 2-5, witness D's testimony and the purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) As long as the lease contract on the instant real estate was concluded before the Defendant repaid the down payment and rescinded the sales contract, the Plaintiff constitutes the payment of the intermediate payment and also prepared the balance of the purchase price by entering into the loan contract. (2) As long as the Plaintiff, a seller, already takes the phase of “the commencement of performance” for the instant sales contract, the cancellation following the Defendant’s repayment of the down payment cannot be allowed. Therefore, the Defendant is liable to implement the registration procedure for ownership transfer in accordance with the instant sales contract.

B. The first buyer of the judgment is Article 565 of the Civil Act.