1. The instant lawsuit shall be dismissed.

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

Basic Facts

On July 3, 2017, the Plaintiff purchased the purchase price of KRW 12.45 billion in Geumcheon-gu Seoul Metropolitan Government, the Defendant owned in KRW 1187.9 square meters, and concluded a sales contract to pay the remainder KRW 11.85 billion on the date of conclusion of the contract and the remainder of KRW 600 million until October 20, 2017 (hereinafter “instant sales contract”), and paid the Defendant KRW 600 million as the down payment.

The Plaintiff and the Defendant prepared a separate special agreement at the time of the conclusion of the instant sales contract, and even if the instant sales contract was terminated due to the Plaintiff’s cause attributable to the Plaintiff, 10 million won out of the down payment was returned to the Defendant (hereinafter “instant agreement”).

The Plaintiff and the Defendant, on October 18, 2017, prior to the due date for the payment of the remainder of the instant sales contract, extended the due date for the payment of the remainder on December 10, 2017. However, the Plaintiff and the Defendant agreed to increase the purchase price in KRW 13 billion and the down payment in KRW 700 million, respectively, and the increased contract deposit in KRW 100 million by December 10, 2017, and entered into a new sales contract.

The Plaintiff paid KRW 100 million to the Defendant the down payment increased according to the above agreement.

On December 12, 2017, the Plaintiff and the Defendant agreed to extend the payment period of the remainder of the instant sales contract to December 28, 2017, and drafted a new sales contract (hereinafter “instant third sales contract”).

However, the Plaintiff failed to pay the remainder by the extended deadline, and the instant sales contract was rescinded upon the Defendant’s cancellation notice around December 2017.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings are asserted by the plaintiff and the defendant, due to the plaintiff's cause, agree in this case that the 100 million won out of the down payment shall be returned and paid to the plaintiff. Thus, the defendant shall pay the down payment of 100 million won and its related parties in accordance with the agreement