1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On August 23, 2017, C Co., Ltd. (hereinafter “C”) entered into a sales contract with the Defendant for the following terms: (a) the Defendant and C purchased from the Defendant for KRW 1.448 billion (hereinafter “instant real estate”); and (b) the purchase price for KRW 1.48 million (hereinafter “instant sales contract”); and (c) subsequently paid KRW 50 million down payment.

The down payment of KRW 50 million shall be paid at the time of the contract.

Any balance of 1.398 billion won shall be paid by December 8, 2017.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

5. The period of authorization and permission shall be approximately three months, and any balance shall be paid within one week after obtaining authorization and permission.

7. At the time of disapproval of authorization or permission, this contract shall be null and void, and 10 million won out of the down payment shall not be refunded, and the remaining amount shall be returned.

8. There shall be no penalty even when a termination of the contract has occurred due to causes attributable to the seller;

B. On September 25, 2017, C agreed with the Defendant and the Plaintiff that “When the instant sales contract is terminated, KRW 25 million out of the refund of the down payment shall be returned to the Plaintiff” (hereinafter “instant agreement”).

C. C failed to pay the remainder to the Defendant by December 8, 2017, which is the date of payment of the remainder, and the Defendant returned KRW 5 million out of the down payment to E, “A’s incidental sheet.”

D. Meanwhile, F, a creditor of C, obtained a decision to provisionally seize C’s claim for the return of down payment to the Defendant (hereinafter “decision of provisional seizure of this case”) from the District Court, and the original copy of the decision of provisional seizure of this case was made on December 2017.