1. The Defendant: (a) KRW 28,00,000 for the Plaintiff and KRW 5% per annum from March 22, 2010 to March 6, 2014.

1. Determination on the cause of the claim

A. In full view of the purport of the entire pleadings, the following facts are recognized in each statement of evidence Nos. 1 through 6:

(1) On March 22, 2010, the Plaintiff purchased part (280 square meters; hereinafter referred to as “instant land”) of the land owned by the Defendant for the clan C (hereinafter referred to as “foreign clan”) from the Defendant, the Plaintiff entered into a sales contract with the Defendant to immediately complete the registration of ownership transfer under the Plaintiff’s name (hereinafter referred to as “instant sales contract”), and paid 28 million won the down payment to the Defendant on the same day.

(2) After that, even though the instant land was divided on April 28, 2010, the Defendant did not complete the registration of ownership transfer to the Plaintiff. Rather, around October 2010, the Plaintiff received a certification from the non-party clan that the instant sales contract has no effect against the non-party clan since the Defendant did not have any authority over the instant land owned by the non-party clan.

(3) The Defendant did not complete the registration of ownership transfer for the instant land even in the Plaintiff’s renewed demands. Around January 2013, the Plaintiff sent to the Defendant a certificate of content that the instant sales contract will be rescinded on the grounds of the Defendant’s nonperformance of obligation.

B. According to the above facts, the sales contract of this case was lawfully rescinded on the grounds of the Defendant’s nonperformance of obligation.

Unless there are special circumstances, the defendant is obligated to return to the plaintiff the down payment of KRW 28 million, legal interest thereon, and delay damages, as the restoration to its original state.

2. Judgment on the defendant's assertion

A. The Defendant is not a fixed contract, but a provisional contract. Since then, it is impossible to implement the contract according to the contents of the provisional contract, the Defendant’s instant sales contract is above March 201.