1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On September 5, 2017, the Plaintiff entered into a contract with the Defendant to purchase the instant land (hereinafter “instant contract”). The purchase price of KRW 210,900,000, and the down payment of KRW 30,000,000, and the intermediate payment of KRW 80,900,000 on September 5, 2017, the Plaintiff paid KRW 80,90,000 on October 20, 2017, and the remainder of KRW 100,000 on January 10, 2018.

B. Article 5 of the instant contract states, “The seller compensates the buyer for the amount double the contract amount in the event of a default, and the buyer is disqualified from the right to claim the return of the down payment in the event of a default,” and the special agreement states, “The part of the fenced by the attached drawing D shall be resolved before the payment date of the balance (hereinafter “the instant special agreement”).”

C. The instant land is adjoining to the land owned by E, and a fence is installed between the adjoining land and the instant land. However, in view of the fence as the fence was not installed on the boundary between the adjoining land and the instant land, the occupant of the instant land occupied part of the adjoining land, and the occupant of the adjoining land occupied part of the instant land.

On September 5, 2017, the Plaintiff paid KRW 30,000,000 to the Defendant for the intermediate payment of KRW 80,900,000 on December 27, 2017.

E. On November 2017, the Plaintiff’s husband F and the Plaintiff’s husband E, the lessee G of the adjacent land building, and H, which arranged the instant contract, discussed the boundary resolution of the instant land and adjacent land. In that place, the method of removing the current fence and arranging the boundary of both land was discussed.

F. On December 6, 2017, the Plaintiff’s husband F removed the fence to E, and the Plaintiff sent text messages to cover off the fence, and E removes the fence in the absence of agreement.