2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 1, 2019, the Plaintiff and the Defendant: (a) purchased 45 billion won of the building newly constructed on the ground of 90 square meters in D land and 10 square meters on the ground of 10 square meters on the surface; (b) purchased 45 million won of the down payment, 135 million won of the intermediate payment, 90 million won of the third intermediate payment, and 45 million won of the remainder; (c) and (b) purchased 120 billion won of E land and 1.35 billion won of the building newly constructed on the ground of 30 billion won on the road; and (d) concluded a sales contract with each of the intermediate payment to pay 1.35 billion won of the intermediate payment (hereinafter “the intermediate payment”), and each of the intermediate payment to pay 35 billion won of the intermediate payment (hereinafter “the intermediate sales contract”).

B. Meanwhile, each of the instant sales contracts stated as “the date of payment of down payment” as “ January 1, 2019,” and includes an agreement on penalty to pay 20% of the sales price to the Plaintiff as penalty where the contract is rescinded due to the Defendant’s fault under Article 6.

C. Article 8 of each of the instant sales contracts provides that “The deposit shall be made in cash only one million won on January 1, 2019. This contract shall be determined by January 6, 2019.” The Defendant paid one million won each as the down payment of the instant sales contract to the Plaintiff on January 1, 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiff did not pay the down payment and the intermediate payment in accordance with each of the instant sales contracts even though they were liable to pay the down payment and the intermediate payment, the Defendant cancelled each of the instant sales contracts due to a cause attributable to the Defendant, so that the Defendant is liable to pay the Plaintiff penalty of KRW 360 million equivalent to 20% of the parcelling-out price = 9.