Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. On July 29, 2016, Plaintiff A and B (hereinafter “Plaintiffs”) concluded a sales contract with the Defendant for purchasing KRW 1,312,500,000 (hereinafter “instant store”) among the instant building among the instant building D neighborhood living facilities (hereinafter “instant building”).

B. On July 19, 2016, prior to the conclusion of the instant sales contract, the Plaintiffs paid KRW 262,50,000 as down payment in advance. On August 3, 2016, the Plaintiffs paid KRW 262,50,000 as intermediate payment, and KRW 787,50,000 as of August 24, 2016, respectively, paid the remainder of KRW 1,312,50,000 in full, and completed the registration of ownership transfer in the names of the Plaintiffs with respect to the instant store.

C. Meanwhile, prior to the conclusion of the instant sales contract with the Plaintiffs, the Defendant puts a banner on the instant building, stating “the start of the J, the scheduled opening of September, the imposed sexual medicine department, the internal medicine department, the youth and the immigration medicine department,” and “to open at the beginning of September”, prior to the conclusion of the instant sales contract with the Plaintiffs, and on July 15, 2016, the seller of the instant case’s sales contract is terminated at the end of September. 2, 2016. The Defendant secured the exclusive operation right of pharmacies (hereinafter “instant agreement”). On March 3, 200, the medical care department of L, M, and C is the internal department, the primary department of the instant sales contract, and the amount paid at the time of the instant contract is entirely invalidated and paid in full (hereinafter “instant agreement”).

On November 2016, the fourth floor (L, M) of the instant building, the term “Nwon” indicated as “Nwon” was opened in the specialized department for sex surgery, sex surgery, boys’s youth department, internal medicine department, and Eliminology, but was closed only in 3 to 4 months. After that, around May 2017, the term “Owon” indicated as the specialized department for sex surgery is opened and operated until now.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 8, 10, Eul evidence Nos. 5 and 6 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings.