The plaintiff (Counterclaim defendant)'s main claim is dismissed.

Plaintiff (Counterclaim Defendant) from Defendant (Counterclaim Plaintiff) to 283,800.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 29, 2019, the Plaintiff entered into a sales contract with the Defendants to pay the purchase price of KRW 325,800,000, down payment of KRW 32,000,000, and the remainder amount of KRW 293,80,000 without intermediate payment, and the remainder amount of KRW 293,80,000, and the remainder amount to be paid on August 31, 2020 (hereinafter “instant sales contract”). The Defendants paid the down payment of KRW 32,00,000 to the Plaintiff around that time.

B. Of the instant sales agreement, the part relating to the instant case is as follows.

Real estate sales contract (multi-family housing)

2. The seller under Article 2 of the terms and conditions of a contract shall deliver all documents necessary for the registration of ownership transfer to the buyer simultaneously with the receipt of the balance of the purchase price, and cooperate with the registration procedure, and the date of delivery of the said real estate shall be August 31, 2020;

Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the remainder), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

[Matters of Special Agreement]

6. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and by the general practice of real estate trade.

7. Account for deposit of down payment and remainder: Suhyup D and Deposit Holder A.

C. On June 12, 2020, the Defendants deposited KRW 10,000,00 in the Suwon Cooperative account with a view to depositing KRW 10,00,00 in the intermediate payment, and the Defendants paid KRW 10,00,000 to the Plaintiff via a certified intermediary.

(d)

On June 15, 2020, the Plaintiff requested the Defendants to withdraw the contract through a certified broker. On June 16, 2020, the Plaintiff demanded the Defendant B to withdraw the contract by telephone, but the Defendant B rejected it.

E. On June 17, 2020, the Plaintiff terminated the instant sales contract as of June 15, 2020 to the Defendants, and sent a mail requesting the Defendants’ account information to return the down payment and penalty.

F. The Plaintiff on August 12, 2020, is the Defendants.