1. The Plaintiff (Counterclaim Defendant) received KRW 206,550,000 from the Defendant (Counterclaim Plaintiff) simultaneously.

A principal lawsuit and a counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. On August 2, 2017, the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 396,550,000 with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(hereinafter referred to as "the sales contract of this case")

According to the sales contract of this case, KRW 40 million is to pay the remainder of KRW 356,50,000 on the date of the contract, and the remainder of KRW 356,550,00 on November 30, 2017. Accordingly, the Plaintiff received KRW 40 million from the Defendant on the date of conclusion of the contract of this case as the down payment.

C. However, after the conclusion of the instant sales contract, disputes arose regarding the collection of trees planted on the instant real estate between the Plaintiff and the Defendant, and the Defendant paid only KRW 150,000,000 as part of the remainder without paying the remainder to the Plaintiff on November 30, 2017, which is the remainder payment date.

On December 21, 2017, the Plaintiff sent each content-certified mail to the Defendant that “The instant sales contract was cancelled on the ground of unpaid payment, and the amount of KRW 40 million already paid is to be confiscated as estimated damages according to the instant sales contract,” and each content-certified document reached the Defendant around that time, at around December 21, 2017, respectively.

【Non-contentious facts, Gap evidence 1 through 3, each entry and video of Eul evidence 1 through 5 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. On November 30, 2017, the remaining payment date of the Plaintiff, and thereafter, the Defendant requested the Defendant to pay the remainder after preparing all documents necessary for the procedure for the registration of ownership transfer of the instant real estate and requesting the Defendant to pay the remainder for a considerable period.