1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a company that newly constructed and sold 29 units of detached houses (the single house name: CB) on the ground outside Jeju-si and four parcels on the ground.

B. On July 1, 2015, D, the Plaintiff’s wife, sold CBL 19 (hereinafter “instant housing”) to the Defendant for KRW 298,13,00,00, and the intermediate payment of KRW 29,813,30,00 on July 7, 2015; KRW 29,813,30,00 on the first intermediate payment of KRW 29,813,30,00 on around August 2015; KRW 29,813,30,00 on the second intermediate payment of KRW 29,813,30 on the third intermediate payment of KRW 29,813,30 on September 2015; and KRW 29,813,300 on the third intermediate payment of KRW 178,879,80 on the remainder of the sales contract after obtaining a loan.

(hereinafter “instant contract”). C. The said contract for sale in lots is called the “instant contract”).

On July 18, 2015, the Plaintiff paid each of the Defendant KRW 29,813,300, and KRW 29,813,300 on October 20, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, and Eul No. 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion was concluded prior to the commencement of the instant new housing construction project.

The Plaintiff expressed his/her intent to cancel the instant contract to the Defendant around April 2016 because it was no longer reliance on the Defendant’s trust due to the circumstances such as the construction of new construction more than the originally scheduled three-month period, and around that time, the Defendant consented thereto. The instant contract was rescinded.

In addition, around May 2016, the Plaintiff demanded the Defendant to pay the sum of KRW 59,626,600 for the down payment and the first intermediate contract, and the Defendant agreed to pay it.

Therefore, the Defendant is obligated to pay the Plaintiff the above KRW 59,626,600 and damages for delay pursuant to the above agreement.

B. As to the Plaintiff’s allegation 1, the Defendant did not agree with the Plaintiff to rescind the instant contract, and there was no agreement to pay the sum of the down payment and the first intermediate payment on the premise of the agreement.