A. On August 4, 2016, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on an amount of KRW 383,284,00 with respect to the sales price as to the amount of KRW 4,574.7m2, D 4,342.4m2, E 2,091m2, F 91.3m2, and F 9,425m25m2 (hereinafter “each of the instant real property”).

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 30 million on the date of the said contract, and the intermediate payment of KRW 200 million on September 15, 2016, respectively, and paid the remainder of KRW 153,284,00 at the same time as the delivery of each of the instant real estate from the Defendant on October 15, 2016. The Defendant revoked the right to collateral security at high interest rate agreement established on each of the said real estate on the remainder payment date, and simultaneously performed the procedure for the registration of ownership transfer to the Plaintiff.

C. Meanwhile, Article 6 of the instant sales contract provides that “In the event of a seller’s breach of contract, the seller compensates for the amount of the down payment with the penalty, and the buyer gives up the down payment and does not claim the return thereof.”

The Plaintiff paid 30 million won as down payment to the Defendant on the day of the above sales contract, but the intermediate payment was not paid on the date of the intermediate payment, and the remainder has not been paid thereafter.

E. On March 15, 2017, the Defendant sent to the Plaintiff a document stating the cancellation of the instant sales contract by content-certified mail, and on the same day, sold each of the instant real estate to G and completed the registration of ownership transfer on March 20, 2017.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, and 6 (including paper numbers), and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff 1 of the parties' assertion completed the preparation for the payment of part payments by the plaintiff, but the defendant demanded the preparation of the package contract, refused the receipt of part payments, and sold each of the real estate of this case to a third party, so the defendant's obligation to transfer ownership over each of the above real estate is impossible.