1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 17, 2016, the Plaintiff and the Defendant concluded a contract with the Defendant to purchase KRW 1,93,00,000 for the purchase price of KRW 1,93,00 (hereinafter “instant purchase contract”), ① the down payment of KRW 193,00,00 won on the same day, the intermediate payment of KRW 386,00,00 won on November 17, 201, and the remainder of KRW 135,00,000 from the Defendant on February 17, 2017, and KRW 20,000,000,000 for each seller’s share of KRW 5,736,000,000,000,000 for each of the said four parcels; ② the seller’s reimbursement of the down payment and the Defendant’s reimbursement of the down payment before the buyer’s reimbursement of the down payment is not made.”

B. On November 18, 2016, the Defendant urged the payment of intermediate payments by the Defendant: (a) sent to C, without any justifiable reason, a certificate of content that “the instant sales contract is rescinded without any separate notice on December 1, 2016, if the intermediate payment is not paid by November 30, 2016; (b) the said certificate reached C around that time.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 (including provisional numbers), Eul 5, witness H, and the purport of the whole pleadings

2. Determination

A. (1) The plaintiff's assertion that the contract of this case was cancelled (1). The plaintiff's defendant moved the graves located on the land of this case before the remainder under the terms and conditions of the contract of this case, but did not move the graves until the lawsuit of this case, which was the remaining payment date, was filed.

Therefore, the Plaintiff’s rescission of the instant sales contract through the delivery of the duplicate of the instant complaint. As such, the Defendant is obligated to pay to the Plaintiff KRW 386 million, a double of the down payment (=193 million x 2) and damages for delay as stipulated in the instant sales contract.