1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The parties' assertion

A. On December 23, 2015, Plaintiff purchased 520,000,00,000 of the apartment house E apartment (hereinafter “instant apartment”) from the Defendant in Seongbuk-gu, Sungnam-si, Sungnam-si, and KRW 20,00,000 out of the purchase price was paid on the date of the contract, and the remainder of KRW 500,000,000 is paid on May 26, 2016, and the remainder of KRW 500,000 is paid on the date of the contract, and the amount equivalent to three times the down payment at the time of the contract is added as a special agreement (hereinafter “instant sales contract”).

At that time, the Plaintiff paid 20,000,000 won to the Defendant according to the instant sales contract.

Since May 2016, the Plaintiff intended to pay the balance, and the Defendant refused to implement the instant sales contract while avoiding contact with the Plaintiff without justifiable grounds.

The plaintiff, by the delivery of the duplicate of the complaint of this case, cancelled the sales contract of this case, and sought 60,000,000 won and damages for delay, which are three times the down payment pursuant to the agreement of penalty under the sales contract of this case, from the defendant.

B. The Plaintiff did not enter into the instant sales contract with the Defendant, and the sales contract (No. 2, hereinafter “instant sales contract”) submitted by the Plaintiff is a document which may not be known.

2. Determination

A. The instant sales contract was prepared on December 23, 2015, on the condition that the Plaintiff purchased the instant apartment from the Defendant under the same condition as the Plaintiff’s Paragraph A., and the instant sales contract was signed on December 23, 2015, and the fact that the name of the Plaintiff was printed out in the seller column in the Defendant and the buyer column, and that each stamp is located next thereto does not conflict between the parties. (2) The Plaintiff claimed that Nonparty B, who is the father and the agent of the Plaintiff, and Nonparty D, who is the husband and the Defendant’s husband and the Defendant’s husband, signed the instant sales contract on May 2, 2016, and that D affixed the Defendant’s seal.

3. Whether the defendant's seal affixed to the name of the defendant in the sales contract of this case is the defendant's seal.