The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. Basic facts

A. On September 19, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 60,000,000, which is the Defendant’s ownership (hereinafter “instant sales contract”) as a broker of Licensed Real Estate Agent D operating the “C Licensed Real Estate Agent Office”, and entered into a sales contract with the Defendant to purchase KRW 60,00,00,00 of the instant building E-ground Building (hereinafter “instant building”). On the other hand, the Plaintiff entered G in the instant sales contract as a joint purchaser on the assumption that he would transfer the instant building to the next and second children G.

B. Article 1 of the instant sales contract provides that KRW 10,00,000 for the down payment on September 19, 2018, which is the date of conclusion of the contract, and KRW 50,000 for the remainder on September 21, 2018, and Article 6 provides that where a seller or a purchaser’s default on obligations, the other party may rescind the instant sales contract after written peremptory notice and regard the down payment as the basis for compensation for damages.

C. The Plaintiff paid KRW 10,00,000 on September 19, 2018, which is the date of concluding the contract, but did not pay any balance on September 21, 2018. Rather, the Plaintiff demanded that the instant sales contract be null and void and return the down payment.

Accordingly, on September 28, 2018, the Defendant revoked the instant sales contract on the grounds of the remainder payment, and sent a certificate of content that the down payment would be confiscated, and around that time, the said certificate reaches the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant sales contract is null and void as it constitutes an unfair practice due to the Plaintiff’s rashness and inexperience. As such, the Defendant shall pay the down payment of KRW 10,000,000 and delay damages due to the return of unjust enrichment.

B. Even if the instant sales contract is not null and void, the determination of KRW 10,000,000 as the estimated amount for compensation for damages ought to be unjustly reduced.