1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from August 30, 2016 to the day of complete payment.

1. Facts of recognition;

A. On May 12, 2014, the Plaintiff entered into a contract with the Defendant to pay an intermediate payment of KRW 30 million on May 23, 2014 and KRW 40 million on October 27, 2014 (hereinafter “the instant sales contract”). Of the entire land area of the attached Form A, KRW 512 square meters in total and KRW 75 square meters in the same part of the same drawing (road). The Plaintiff entered into a contract with the Defendant to pay KRW 587 square meters in total (hereinafter “the instant sales contract”).

Article 8 of the instant sales contract provides, “The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall not claim the return of the down payment after the termination of the contract.” At the same time, the Defendant agreed to cancel the provisional registration security for the instant land, the establishment registration of a mortgage (the maximum bond amount of KRW 112 million, the establishment registration of a mortgage-backed credit union), and the registration of creation of superficies.”

B. On May 16, 2014, the Plaintiff paid each of the Defendant the same day down payment of KRW 10 million and the intermediate payment of KRW 30 million.

C. On November 26, 2014, the instant land was subject to registration conversion with D forest land of 1640 square meters, and at the same time, 135 square meters among them was divided into E forest. The land category of D forest land of 1505 square meters was changed to “building site.”

On December 5, 2014, the Defendant completed the registration of the establishment of a mortgage over KRW 38 billion with the maximum debt amount of KRW 38 billion in the Yangyang Credit Union in the future regarding the said D and E land, etc. on December 5, 2014, and cancelled the registration of the establishment of a mortgage over KRW 12 million with the maximum debt amount of KRW 10 million on the 1

In addition, on March 10, 2015, the defendant completed the establishment registration of a mortgage of KRW 100 million over the F, the maximum debt amount.

E. On August 5, 2016, the Plaintiff cancelled the instant sales contract on the grounds of the Defendant’s new establishment of collateral security, etc. and sought payment of KRW 50 million in total, including KRW 40 million and penalty paid.