A. The Plaintiff became aware of the Defendant who works as real estate brokerage assistant upon the introduction of D, which is the seat of attached C, and E is the owner of a building without permission on the lower-class ground of the Seo-gu Incheon Metropolitan Government.

B. On May 4, 2016, the Defendant: (a) paid KRW 115,00,000,000 for KRW 85,000,000 on May 17, 2016 and KRW 115,00,000 in cash; and (b) entered into a contract with E to purchase the purchase of the land for sale and daily countermeasures against the said building related to the said building.

(c)

On May 20, 2016, the Plaintiff entered into a contract with the Defendant to purchase each of the instant sales rights (hereinafter referred to as “instant sales contract”) under which: (a) KRW 30,000,000 on May 25, 2016; and (b) KRW 125,000,000 on June 2, 2016; and (c) KRW 165,00,000 on which the Defendant would be entitled to receive E (hereinafter referred to as “instant sales contract”).

(d)

On December 2017, the Plaintiff received from the Defendant the notification that E was excluded from the persons eligible for the right to sell each of the instant water, and received re-verification of the fact that E was excluded from the persons eligible for the right to sell water on the same job as the Defendant and E around January 2018.

E. The Plaintiff received a total of KRW 95,000,000 from the Defendant until now.

[Grounds for Recognition] Unsatisfy, Gap evidence No. 1-7, Eul evidence No. 10, 12-14, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim, it is recognized that the instant sales contract was in an impossible condition and that the instant complaint was served on the Defendant, stating the Plaintiff’s declaration of intent to refund KRW 70,000,000 upon the rescission of the instant sales contract. As such, the Defendant’s restitution to the Plaintiff, as its restitution, of the purchase price of KRW 70,000,000, and its delivery from February 8, 2019, following the day when the copy of the instant complaint was served, with no due date for claims for return of unjust benefits, becomes due as of February 7, 2019, which was served on the date when the Defendant was requested to discharge.

The defendant's duty to perform is established or not.