1. Defendant B shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 12% per annum from September 6, 2019 to the date of full payment.

1. Basic facts

A. On June 19, 2019, the Plaintiff, Defendant B, and Defendant C purchased land, buildings, and facilities located in Gangnam-gun D from Defendant B from the Plaintiff and Defendant C, with an agreement that KRW 2,850,000,000 for down payment of KRW 117,00,000 at the time of the contract, and the remainder payment of KRW 1,382,00,000 at the time of the contract was concluded (hereinafter “instant contract”).

B. The instant contract provides that “The instant contract shall be converted into a fixed contract ten days after the date no objection is raised by the Plaintiff, Defendant B, and C as an agreement on the sale and purchase of real estate and facilities,” under the special agreement (hereinafter “instant special agreement”).

C. On June 20, 2019, the Plaintiff remitted KRW 100,000,00 to Defendant C.

On the same day, Defendant C paid the above KRW 100,000,000 as the down payment under the instant contract.

On June 28, 2019, the Plaintiff notified Defendant B of the purport that the instant contract will be rescinded.

E. On July 5, 2019, Defendant B: (a) received KRW 100,000,000 as the down payment of the instant contract on June 20, 2019 from the Plaintiff; (b) on the buyer’s side, requested the rescission of the contract; and (c) promised to return KRW 100,000,000 to the Plaintiff.

“The” has drawn up a note of payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Determination as to whether the instant contract has been lawfully rescinded

A. The contents of the instant special agreement asserted by the Plaintiff and Defendant B mean that “if an objection is filed within 10 days from the date of conclusion of the instant contract even one of three parties to the contract, the instant contract shall not be converted into a regular contract, and shall be rescinded.”

No. 1-D. 28 June 28, 2019, within ten days from the date the Plaintiff entered into the instant contract.

Since an objection was raised as described in the subsection, the instant contract was lawfully rescinded.

B. The terms of the instant special agreement asserted by Defendant C are as follows.