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

A. On July 1, 2015, the Plaintiff purchased the instant real estate at KRW 1,210,00,000 from the Defendant in Chungcheongnam-si (hereinafter “instant real estate”). The instant sales contract: (a) the Plaintiff pays to the Defendant the down payment of KRW 50,000,000 on July 1, 2015, and the remainder of KRW 1,160,000,000 on July 20, 2015; (b) the Defendant delivers the instant real estate to the Plaintiff on July 20, 2015; and (c) the Defendant reimburses the Plaintiff of the down payment if the Defendant cancels the instant sales contract; and (c) the Plaintiff waives the down payment if the Plaintiff sells the down payment.

B. According to the instant sales contract, the Plaintiff paid the Defendant KRW 50,000,000,000 in total as contract deposit, and KRW 50,000,000 in total, on July 2, 2015, pursuant to the instant sales contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) After the instant sales contract was concluded by the Plaintiff, and the Plaintiff and the Defendant did not perform their obligations under the instant sales contract. As the Defendant sold the instant real estate to D on December 30, 2015, the Defendant’s obligation to transfer and deliver the ownership under the instant sales contract was impossible.

Therefore, the defendant is liable to pay to the plaintiff KRW 100,000,000, which is a double of the down payment, as a penalty under the sales contract of this case, and damages for delay.

B) The Defendant’s assertion that the instant sales contract had already been cancelled on July 28, 2015, which was before the Defendant sold the instant real estate to D, and thus, the Defendant did not have a duty to pay the Plaintiff a penalty for breach of contract under the instant sales contract. (2) However, the Plaintiff did not have a duty to pay the Plaintiff a penalty for breach of contract