1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked, and that part.

1. Basic facts of the claim: (a) on April 11, 2017, the Plaintiff decided to purchase five parcels of land, etc., Gangwon-do Crossing-gun, Gangwon-do, and paid two million won to the Defendant; (b) on April 12, 2017, the Plaintiff entered into a contract to purchase the said land with a purchase price of KRW 345 million (20 million for the remainder, and payment on May 15, 2017), with a purchase price of KRW 345 million; (c) on May 15, 2017, the Plaintiff paid KRW 20 million to the Defendant; (d) on May 17, 2017, with a sale price of KRW 200,300,000,000,000,000,000,000 won, which was paid to the Defendant; and (e) on May 17, 2017, the Plaintiff and the Defendant agreed to return the remainder of KRW 2500,300,00,0000,000.

2. The judgment on the Plaintiff’s claim (1) reveals the above fact that the Defendant agreed to cancel the above sales contract and agreed to refund the full amount of the purchase price to the Plaintiff, and the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 22 million and damages for delay.

(2) Meanwhile, the Plaintiff sought for the payment of damages for delay from May 17, 2017, for which the above sales contract was rescinded, and according to the above facts of recognition, the Plaintiff considered the Defendant as “a return during the period without setting a deadline,” and there is no assertion and proof that the Plaintiff had given notice of performance before the instant lawsuit was filed, and thus, the Plaintiff’s duplicate of the instant complaint containing the Plaintiff’s declaration of intent to demand performance.