1. The Plaintiff, Defendant B, and Defendant C, as to each of the said money, KRW 123,00,000, and KRW 27,000 for Defendant C, as well as each of the said money.

1. Facts of recognition;

A. On April 30, 2018, the Plaintiff entered into a sales contract with the Defendants on a total purchase price of KRW 700 million with respect to real estate listed in the separate sheet owned by the Defendants (hereinafter collectively referred to as “instant real estate”).

(hereinafter “instant sales contract”). B.

The Plaintiff paid the down payment of KRW 100,000 to Defendant B, KRW 82,00,000, and KRW 18,000 to Defendant C, respectively.

C. As stipulated in Paragraph 4 of the instant sales contract, the Defendants agreed to remove “the land (referring to two unauthorized buildings constructed on the land owned by Asan City located between the instant real estate and the instant real estate; hereinafter the instant ground objects”) on May 31, 2018,” and the Defendants agreed to pay to the Plaintiff KRW 200 million, which is a double amount of the down payment, including penalty, if the Defendants are unable to comply with the order.

However, the Defendants failed to remove the instant ground by May 31, 2018. Accordingly, there was an obstacle to securing roads and permitting construction of the instant real estate. On June 18, 2018, the Plaintiff sought the return of penalty and down payment to the Defendants by rescinding the instant sales contract with the Plaintiff on the grounds that the Defendants failed to comply with the aforementioned Defendants’ special terms and conditions, and the said declaration of intent reached the Defendants around that time.

[Reasons for Recognition] Each entry of Gap 1 or 6 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, the sales of this case was rescinded by the Plaintiff’s declaration of intent of rescission due to the Defendants’ nonperformance of contractual obligation (violation of Paragraph 4 of the Special Agreement). Thus, the Defendants are liable to pay the down payment and the agreed penalty to the Plaintiff.

However, the agreement of penalty between the plaintiff and the defendants seems to be liquidated damages, and they are the defendants.