1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 19, 2014, the Plaintiff drafted a sales contract (No. 1; hereinafter “the sales contract”) with the content that the Plaintiff purchases a house of 279 square meters and its ground (hereinafter “instant real estate”) at the EF Licensed Real Estate Agent Office located in C, the Defendant and C, at the time of three-party F Licensed Real Estate Agent Office located in C, with the content that the Plaintiff purchases the house of 279 square meters and its ground.

B. In the above sales contract, 45,000,000 won was the sales price, 5,000,000 won was the time of a contract, and 40,000,000 won was the remainder, and paid on September 19, 2014, and the special terms stipulate that “the seller shall be liable for and cancel the construction of a building collateral security.”

The plaintiff affixed his seal directly on the buyer’s seal box, and Nonparty H, the father of D, had already affixed his seal on the seller’s seal.

C. After preparing the above contract, the Plaintiff paid KRW 3,000,000 to D, a licensed real estate agent, and transferred KRW 2,000,000 to C’s account on the same day.

D) A sales contract was made and the above sales contract was sent to the Defendant FAX. The Defendant raised an objection to the details of the sales price, whether an intermediate payment is paid, and the person responsible for the cancellation of the registration of creation of collateral security, etc. under the above sales contract, and D filed an objection to the payment date of KRW 48,000,000, an intermediate payment of KRW 20,000,000 on August 10, 2014, and the remainder of KRW 23,000,000.

9. On 19.19., a sales contract (hereinafter “B sales contract”) in which the seller is responsible and cancelled for the creation of a mortgage on a building was re-written.

E. (2) Article 5 of the terms and conditions of a sales contract provides that “Before the seller pays the intermediate payment, the seller shall compensate for the double of the down payment, and the buyer may waive the down payment and rescind this contract.” Article 6 provides that “If the seller or the buyer fails to perform the obligation under this contract, either of the parties to the contract shall be liable to the other party.”