1. The Defendant’s KRW 24 million with respect to the Plaintiff and 5% per annum from December 23, 2014 to July 13, 2016, and the following.

1. Basic facts

A. On November 26, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet owned by the Defendant (hereinafter “instant sales contract”) and prepared a sales contract stating that the purchase price shall be KRW 60,000,000,000 among the down payment shall be KRW 40,000,000,000,000,000 won, on November 26, 2014, and that the remainder KRW 3,000,000 shall be paid on December 22, 2014, and March 13, 2015.

B. The Plaintiff paid each purchase price to the Defendant KRW 1 million on November 25, 2014, KRW 10 million on November 26, 2014, KRW 10 million on November 26, 2014, and KRW 30 million on December 23, 2014.

[Reasons for Recognition: Facts without dispute, Gap-5 evidence, each entry of Eul-4, the purport of the whole pleadings]

2. Assertion and determination

A. 1) The Plaintiff’s claim was rescinded, and the Defendant was obligated to return the purchase price of KRW 41 million, which was paid by the Plaintiff to its original state. 2) The Defendant’s defense sales contract was rescinded due to the Plaintiff’s failure to pay the remainder. According to the instant sales contract, this was agreed to waive the down payment as the Plaintiff’s cause attributable to the Plaintiff.

Since the contract to waive the down payment is a penalty, it cannot be reduced, and even if it is expected to compensate for damages, it cannot be deemed excessive, so the plaintiff cannot respond to the plaintiff's claim seeking the return of the down payment.

B. The Plaintiff and the Defendant entered into the instant special agreement with the following terms at the time of the instant sales contract. On November 26, 2014, the contract date, KRW 10 million out of the down payment of KRW 40 million, and the remainder of KRW 30 million out of the down payment shall be paid on December 22, 2014. The priority preservation claim registration shall be at the same time as the second down payment is made. 2. 3. 2. 2. The amount of the remainder of the down payment after deducting the loan from the remainder on the condition that the buyer takes over the loans of KRW 15 million from the Gangseo-si Forestry Cooperative’s loan of KRW 15 million is paid on March 2015 (the sales contract is written in 2014, but it appears to be a clerical error.