A. On March 23, 2018, D entered into a contract with the Defendant to purchase the remaining E and 12 parcels of land, buildings, and corporeal movables from the Defendant (hereinafter “instant sales contract”) with the purchase price of KRW 650 million (hereinafter “instant sales contract”). A contract deposit of KRW 50 million was determined to pay KRW 350 million in the contract date and intermediate payment of KRW 350 million on April 30, 2018 and KRW 250 million in the remaining amount of KRW 250 million on March 23, 2019.

B. D paid the Defendant the down payment of KRW 50 million on the day of the instant sales contract.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff asserted that the Plaintiff acquired the status of purchaser of the instant sales contract from D with the Defendant’s consent.

However, the Defendant expressed his intent to cancel the instant sales contract if the Plaintiff’s agent did not additionally pay KRW 50 million as the purchase price of the instant sales contract, and the instant sales contract was rescinded by the Plaintiff’s refusal of the Defendant’s request.

Accordingly, the defendant is obligated to return to the plaintiff the down payment of KRW 50 million.

B. For the following reasons, the Defendant is not obligated to return the down payment of the instant sales contract to the Plaintiff.

1) The Defendant did not agree to the Plaintiff’s acceptance of the buyer’s status of the instant sales contract. Thus, the Plaintiff is not the purchaser of the instant sales contract.

2) Even if the Plaintiff acquired the status of purchaser of the instant sales contract

Even if the Plaintiff did not perform the obligation to pay the intermediate payment of the instant sales contract, and the instant sales contract was cancelled on the ground of the Plaintiff’s nonperformance of obligation, the down payment was reverted to the Defendant as a penalty for breach of contract under the instant sales contract.

3. Determination

A. Whether the Plaintiff acquired the status of purchaser of the instant sales contract