1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 3, 2016, the Defendant written a sales contract with the Plaintiff and C to sell KRW 460 million of the purchase price (hereinafter “the instant land”) out of KRW 1,025 square meters of D forest land, E forest land, KRW 1,226 square meters of forest land, KRW 7/627 of F road, and KRW 7/177 of G 177 square meters of land (hereinafter collectively referred to as “instant land”). The main contents are as follows.

1) Of the purchase price, the down payment of KRW 20 million shall be paid at the time of the contract and the balance of KRW 440 million shall be paid on December 19, 2016. 2) This contract provides a seller’s security under mutual agreement and pays any balance without intermediate payment as the buyer becomes the borrower and at the same time the buyer pays and cancels the remainder with the maximum debt amount of KRW 325 million established in the Saemaul Bank of Korea.

3) In the event a contractual party delays the performance of a contract, the contractual party shall waive the peremptory notice of performance and substitute the down payment with a breach and termination payment, and in the event that the buyer is in contravention of the contract, the seller shall compensate for the amount of the down payment and restore the contract to its original state. (B) The buyer’s column of the first contract includes the entry of “ Address: J, Seocho-gu Seoul Metropolitan Government (J, 148), K, and corporate registration number: L, name C and A: and each signature and seal is affixed to the name of C and A. (c) The Defendant received the down payment KRW 20 million from the Plaintiff on the date of the first contract. On the other hand, the Defendant received the down payment from the Plaintiff on November 30, 2016, and the sales contract for the instant land (hereinafter “revision contract”).

A copy of the modified contract is re-written, and the contents of the modified contract are the same as the original contract, except as the buyer changes into I, and the remaining payment date into January 10, 2017.

E. The Defendant, from January 11, 2017, urged I to pay the balance to I and, on January 24, 2017, provides a content-certified mail that the contract will be rescinded and the down payment will be confiscated if the Defendant fails to pay the balance by January 24, 2017.