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

A. On July 5, 2013, the Plaintiff entered into a contract with Defendant B to purchase KRW 8.5 billion (hereinafter referred to as “instant sales contract”) the forest land of Gwangju-si and 53 lots (hereinafter referred to as “instant land”) with the thickness (hereinafter “instant purchase contract”) as “2014, a stock company,” and on December 1, 2014, as “YTA Co., Ltd.”).

B. The buyer company paid the Defendant B the down payment of KRW 360 million out of KRW 500 million, and did not pay the remainder KRW 140 million.

C. On October 2016, the Plaintiff received the buyer company’s right to claim the return of the down payment, etc. that was paid based on the instant sales contract from the buyer company, and notified the Defendant B of the transfer on October 26, 2016 upon delegation by the buyer company.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 evidence (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of this Court

A. The Plaintiff’s assertion that the sales contract of this case does not take effect pursuant to Paragraph (1) of the special terms and conditions of the sales contract (hereinafter “the sales contract of this case”) because the buyer company did not pay KRW 140 million out of the down payment. As such, Defendant B and his husband, who is the owner and seller of the land of this case, are jointly and severally liable for the buyer company to return KRW 360 million and the buyer company paid KRW 20 million for the civil construction works on the land of this case.

Therefore, the Plaintiff, who acquired from the buyer company the total amount of KRW 380,000,000,000 (i.e., KRW 360,000,000) from the buyer company, sought payment against the Defendants.

(b)if the parties to the contract have written the terms of the contract as a disposal document.