A. On August 22, 2016, the Plaintiffs entered into a contract with the Defendant, a company aimed at the building business, etc., under which the Defendant would execute the construction of a multi-household house on the land of Eunpyeong-gu Seoul and D, Seoul, from September 22, 2016 to March 2, 2017 (including value-added tax), setting the contract amount of KRW 758,00,000 (hereinafter “instant contract”). On the following day, the Plaintiffs paid the Defendant the down payment of KRW 35,00,000,000.

B. Article 1(1) of the “Special Conditions for Construction Contract”, which is a contract document prepared at the time of the instant contract, states to the effect that “the Plaintiffs shall pay the Defendant the down payment of KRW 35,000,000 at the time of the instant contract, and the Defendant shall start the construction work (such as boundary survey, obstacles removal and removal, relocation, and site suspension work, etc.) necessary before the report on the commencement of the construction work (hereinafter “instant construction work”). The “construction cost payment terms and plan” states to the same effect that the Plaintiffs shall pay the down payment and pay KRW 160,00,000 after the Plaintiffs paid the down payment.

(As above, the portion of the construction cost to be paid by the plaintiffs at the time of commencement shall be referred to as "the portion of the construction cost at the time of commencement".

On December 30, 2016, the Plaintiffs sent a written request for the cancellation of the contract and the return of the down payment (hereinafter “written request for the cancellation of contract”) to the Defendant, stating that “The Defendant had not performed the instant construction until four months ago despite the Defendant’s receipt of the down payment, and the loan procedure for KRW 160,000,000 for the payment of the contract price was confirmed at the commencement of the construction works, and expressed his/her intent to refuse the instant construction works.” On January 2, 2017, the said written notification was sent to the Defendant.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The plaintiffs' claim.