1. Revocation of the first instance judgment.

2. The defendant shall receive KRW 288,000,000 from the plaintiff at the same time.

1. Basic facts

A. On November 24, 2014, the Plaintiff purchased real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from the Defendant in the purchase price of KRW 320 million, and entered into a sales contract with the Defendant to pay the remainder of KRW 288 million on the date of the contract, and the remainder of KRW 200 million on the date of the contract, by March 15, 2015 (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 32 million on the date of the said contract.

B. At the time of the instant sales contract, the establishment registration of the creation of a neighboring bank, which was the 195 million won maximum debt amount, the debtor, the defendant, and the Jeonbuk Bank Co., Ltd. (hereinafter “the establishment registration of a neighboring bank of this case”), was established on December 15, 2000, under the Act No. 44682, Dec. 15, 200.

C. The remainder payment date of the instant sales contract was postponed by the agreement of the original Defendant until March 31, 2015, but the Plaintiff did not pay the remainder until the delayed payment date. The Defendant, on April 14, 2015, stated that “if the remainder is not paid by April 20, 2015, the Plaintiff would cancel the instant sales contract and confiscate the down payment that it received from the Plaintiff,” and “the notice of cancellation of the instant contract.”

(D) On April 17, 2015, the above notification reached the Plaintiff. The Plaintiff transferred KRW 100 million out of the remainder on April 20, 2015, which was three days after the date of receipt of the instant notification, to the Defendant, and KRW 50 million on May 28, 2015. Meanwhile, at the time of the transfer of the amount by the Plaintiff, the Plaintiff was in the state of repayment or non-issuance of the secured obligation of the instant right to collateral security and the establishment registration of the establishment of the instant neighboring mortgage at the time of the transfer of the said amount. [Grounds for recognition] The Plaintiff did not dispute, the evidence Nos. 1 through 3, 8, 11, and 11 (including each number, hereinafter the same shall apply).

- The purport of the whole pleadings

2. The assertion and judgment

A. The arguments and issues are as follows. The sales contract of this case is by the defendant's notification of cancellation of the contract of this case.