1. The Defendant’s KRW 70,000,000 as well as 5% per annum from January 12, 2017 to February 21, 2018 to the Plaintiff.

1. Basic facts are the plaintiffs, C, D, and the defendant, and E are the husband of the plaintiff.

The above five persons jointly purchased and divided the FF land (hereinafter “land before division”) of Incheon Strengthening-gun, and decided to construct a penture on the divided land.

Of the lands divided from the lands before subdivision, E E is F, G land, the Plaintiff is related to H land, and C is related to J land (hereinafter “instant land”), and D completes the registration of ownership transfer on February 6, 2007 with respect to K land.

E, C, D, and Defendant own a penture on each land owned by them.

Around September 28, 2016, the Plaintiff entered into a verbal sale contract (hereinafter “instant contract”) with the Defendant to purchase KRW 300,000,000, each of the instant real estate between the Plaintiff and the Defendant, as the Defendant intended to dispose of the instant land and its ground penture buildings (hereinafter “each of the instant real estate”).

Of the above purchase price, KRW 70,000,000, the intermediate payment of KRW 130,000,000 shall be paid immediately, and the intermediate payment of KRW 130,00,000,000 was made by the Plaintiff after completing the registration of ownership transfer on each of the instant real estate and receiving the instant real estate as collateral and paid at the end of October 2016, and the remainder of KRW 100,000,000 was agreed to pay by September 28, 2019

E transferred the down payment of KRW 70,000,000 to the Defendant on September 28, 2016.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-3 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Defendant’s obligation to transfer ownership is a preferential performance obligation rather than the Plaintiff’s intermediate payment obligation. Since the Defendant explicitly rejected the transfer of ownership, the instant contract was rescinded due to the Defendant’s refusal of performance.

Therefore, the defendant is obligated to pay 140,000,000 won, which is a double of the down payment, to the plaintiff with the cancellation fee, and one million won among them shall be claimed. If the defendant's refusal of performance is not recognized, the defendant shall not make a payment.