D. The E and F purchased each land at KRW 2.10 million as the purchase price (payment of KRW 180 million on the date of the contract deposit, KRW 1930 million on October 30, 2013, and KRW 180 million on the date of the contract deposit (to cancel the registration of a provisional attachment newly completed after the contract is entered into) under an agreement with the Defendant, and later paid each of the remaining amounts of KRW 100 million on January 9, 2014; however, the above land was finally set at the auction procedure on December 21, 2015, and the Defendant’s obligation to transfer the land ownership under the above contract was impossible to perform.

The Plaintiff’s delivery of a copy of the instant complaint on the ground of nonperformance of the contract, and the rescission of the instant contract. As such, the Defendant is obligated to pay to the Plaintiff the purchase price of KRW 280 million, which was paid as restitution to its original state ( KRW 180 million, part of the remainder of the contract amount of KRW 180 million), and damages for delay from the day following the date of delivery of a copy of the instant complaint ( March 9, 2016) to the day of complete payment.

2. Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of the Acts (a judgment deemed as having been made by the Defendant, the Defendant, on April 22, 2016, submitted only a formal reply with no material description on the date for pleading, and thereafter did not appear on the date for pleading, and all the allegations of the Plaintiff are deemed to have been led.