1. The Defendant’s KRW 40,000,000 as well as annual 5% from May 31, 2017 to January 15, 2020 to the Plaintiff.

1. Determination as to the cause of claim

A. On September 23, 2014, the Plaintiff: (a) on September 23, 2014, approximately KRW 200 square meters out of approximately 3482 square meters of D forest land in Pyang-si, the Defendant and C joint ownership (hereinafter “instant land”).

(2) The sales contract provides that the sales price shall be KRW 425,000 ( approximately KRW 85,000,000) per square year; the down payment of KRW 30,000,000 shall be paid on the date of the contract; the remainder of KRW 55,00,000 on the date of the contract; and the remainder of KRW 50,000 shall be paid on December 20, 2014 (hereinafter “instant sales contract”).

(2) On April 20, 2015, the Plaintiff paid KRW 10,000,000 to the Defendant on the day the down payment was made. (3) On April 20, 2015, the Plaintiff paid KRW 10,000,000 as part of the remainder under the instant sales contract.

3) On August 27, 2018, when the Plaintiff prepared for the payment of the remainder of KRW 45 million under the instant sales contract, the Plaintiff sent a content-certified mail to the effect that the instant sales contract will be terminated if the Plaintiff failed to perform the procedure for the registration of ownership transfer by August 31, 2018, while demanding the Defendant to receive the said money and implement the procedure for the registration of ownership transfer concerning the instant portion of land. The said content-certified mail reached the Defendant around that time. (4) The Defendant did not perform the procedure for the registration of ownership transfer with respect to the instant portion of land by August 31, 2018.

【Reasons for Recognition】 Each entry of evidence Nos. 1, 3, 7, and 8, and the purport of the whole pleadings

B. According to the above facts, the Plaintiff’s content-certified mail as of August 27, 2018 reached the Defendant around that time, and the instant sales contract was lawfully rescinded on August 31, 2018 due to the Defendant’s failure to implement the procedure for ownership transfer registration by August 31, 2018, which was stipulated in the above content-certified document. Therefore, barring any special circumstance, the Defendant is obligated to return to the Plaintiff the total amount of KRW 40,000,000 (the remainder of KRW 30,000 and KRW 10,000,000) that the Defendant received from the Plaintiff as the duty to restore due to the termination of the contract, and the delay damages therefrom (2).