1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. A. Around February 2017, the Plaintiff made a verbal agreement with the Defendant to purchase KRW 120,000,000 of the purchase price of KRW 24,564 square meters of farmland C in Gangnam-gun, Chungcheongnam-do (hereinafter “instant land”).

(hereinafter “instant sales contract”). B.

On March 9, 2017, the Plaintiff paid KRW 20,000 to the Defendant.

(hereinafter “instant payment”) C.

On December 4, 2017, the Defendant sold the instant land to D in KRW 222,90,000 for price, and completed the registration of ownership transfer on December 5, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff agreed to purchase the land of this case from the defendant, but the defendant completed the registration of ownership transfer to D, thereby making it impossible to perform the defendant's obligation to transfer ownership, and the defendant received 222,90,000 won of the purchase price of the land of this case, thereby exercising the plaintiff's right to claim for compensation. Accordingly, the defendant is liable to pay the plaintiff the remainder of 122,90,000 won less the remainder of 222,90,000 won which the plaintiff did not pay to the defendant, and the delay damages therefrom. (2) The defendant (the plaintiff is merely a provisional contract deposit or subscription deposit. The plaintiff reduced the amount of the sales contract of this case to the defendant to 110,000,000 won, but the defendant refused to make a new offer, and thus the plaintiff and the defendant refused to enter into a sales contract.

② The instant sales contract was concluded by the Defendant on March 25, 2019 by depositing KRW 40,000,000, which is a double amount of the instant payment paid as down payment, as the down payment, and expressed his/her intention of rescission by delivery of the preparatory document as of March 26, 2019, Article 565(1) of the Civil Act.