A. 1) On October 8, 2010, the Plaintiff sold the sales contract in lots with the Defendant and Yangsan City B and C for the purchase price of KRW 324,014,090 (hereinafter “instant sales contract”).

The contract deposit was concluded, and the Defendant paid KRW 32,401,409 to the Defendant on that day. (2) At that time, the Defendant entered into an agreement with the Plaintiff and the instant contract for sale in lots, stating, “In the event that the Plaintiff requests the return of the amount (contract deposit and intermediate payment) paid by the previous contractor, the full amount paid shall be returned by the outstanding payment date (the occupancy date) and penalty following the cancellation of the contract shall be exempted or exempted, and the contractor and the construction corporation shall be responsible (hereinafter the instant special agreement).”

3) On March 23, 2012, the Plaintiff notified the Defendant of the cancellation of the instant sales contract according to the instant special agreement by content-certified mail, and the Defendant received the notification on March 26, 2012. [The fact that there is no dispute over the grounds for recognition, Gap 1, 2, 4, 5 evidence, and the purport of the entire pleadings.]

B. In the event that the plaintiff requests the cancellation of the sales contract of this case according to the special agreement of this case, the defendant shall cancel the sales contract without asking for the cause attributable to him and return the total amount of the sales price received to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the down payment of KRW 32,401,409 and damages for delay calculated at the rate of 20% per annum from July 19, 2013 to the day of full payment, which is the day following the delivery of the written complaint.

2. Judgment on the defendant's assertion

A. On May 23, 2012, the Plaintiff agreed with the Defendant to cancel the instant sales contract, waive the right to claim the return of the down payment, and not to hold a civil and criminal liability in the future.

The above agreement constitutes an indemnent agreement, and thus, the lawsuit of this case filed in violation of this agreement is unlawful.

B. According to the evidence No. 2 of the judgment, the circumstances of “the Plaintiff” on May 23, 2012.