1. Revocation of the first instance judgment.

2. All plaintiffs' lawsuits are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

1. Basic facts

A. On September 29, 2017, the Plaintiffs agreed to pay each of the remainder KRW 360 million on March 7, 2018 (hereinafter “instant sales contract”) upon purchasing KRW 450 million from the Defendant for KRW 6149 square meters of forest E, Ulsan-gu, Ulsan-gu, U.S. and KRW 6149 square meters (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiffs agreed to revert the down payment to the Defendant in the event that the remainder is not paid on the remainder date due to a special agreement with the Defendant.

C. On November 7, 2017, the Plaintiffs paid a down payment of KRW 90 million to the Defendant, but did not pay the remainder of KRW 360 million by the outstanding payment date. On the grounds of the Plaintiffs’ nonperformance of the obligation to pay the remainder, text messages, stating the Defendant’s declaration of intent to cancel the instant sales contract, was received from the Plaintiffs on May 16, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. Although the instant sales contract was rescinded due to the reasons attributable to the Plaintiffs’ assertion, the said down payment of KRW 90 million is equivalent to 20% of the sales price. The Plaintiffs invested considerable funds in order to develop the said forest as a unit housing site. In light of the progress of the said unit housing site business, the said down payment of KRW 90 million, which was scheduled as compensation for damages, is unfairly excessive, should be reduced to KRW 10 million,000,000,000 of the sales price.

Therefore, the defendant is liable to pay 15 million won, each of which is 1/3 of the 45 million won reduced down payment to the plaintiffs, and the damages for delay.

3. Determination on this safety defense

A. The gist of the defendant's defense is that the plaintiffs agree not to file all civil claims against the down payment which belongs to the defendant in the event that the payment of the balance is not possible by the due date, and the plaintiffs' lawsuit is unlawful against the above subordinate clause.

B. (1) The plaintiff A and the other plaintiffs among the joint buyers.