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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.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. The assertion and judgment
A. The plaintiff asserts that the contract of this case was cancelled due to the reasons attributable to the defendant, and that the defendant is obligated to return the down payment to the plaintiff, while the defendant asserts that the contract of this case was cancelled due to the plaintiff's intermediate payment and the down payment was reverted to the defendant according to the agreement of penalty
B. The grounds alleged by the Plaintiff, namely, “the entry of the seller’s contact details in the sales contract,” “a description of the relationship or status of the article,” or “a licensed real estate agent under the Licensed Real Estate Agents Act and the Enforcement Decree of the Licensed Real Estate Agents Act,” does not fall under the seller’s duty, and the Plaintiff and the Defendant do not include the aforementioned matters as the substance of the sales contract. Therefore, the Plaintiff cannot rescind the sales contract on this ground, and there is no specific assertion and proof that there was the Defendant’s nonperformance of obligation under the sales contract of this case.
Rather, as seen earlier, since the Plaintiff made it clear that he had no intent to cancel the instant sales contract to the Defendant on the date of the payment of intermediate payments, the instant sales contract was lawfully rescinded by the Defendant’s declaration of intent of rescission on the ground of the Plaintiff’s nonperformance. Article 6 of the instant sales contract is an agreement for penalty, and as long as the instant sales contract was rescinded by the Plaintiff’s cause attributable to the buyer, the down payment shall belong to the Defendant, the seller, as penalty
As to this, the Plaintiff entered into an agreement for penalty under the sales contract of this case.