The part against the plaintiff corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. Basic facts

A. On May 1, 2016, the Plaintiff purchased from the Defendant each of the instant land at KRW 730 million,00,000,000, from the Defendant, the amount of KRW 836 square meters and KRW 47 square meters (hereinafter referred to as “each of the instant land”). However, the Plaintiff concluded a sales contract with the Defendant to pay KRW 150,00,000 for the first down payment and KRW 20,000,000 for the second down payment and KRW 53 million for the second down payment on May 3, 2016 (hereinafter referred to as “instant sales contract”).

B. On the date of the instant sales contract, the Plaintiff paid the Defendant KRW 20 million for the first down payment, KRW 53 million for the second down payment on May 3, 2016 (hereinafter collectively referred to as “instant down payment”), and KRW 50 million for the first intermediate payment on June 12, 2016.

C. On September 6, 2016, the Defendant sent a content-certified mail to the effect that the documents for ownership transfer registration are prepared, demanding the Plaintiff to pay intermediate payments and remainder payments, and the said content-certified mail sent to the Plaintiff around that time.

Then, the Plaintiff paid KRW 20 million to the Defendant on March 10, 2017. However, the Plaintiff demanded the Defendant to implement the procedure for land category change, etc. of each of the instant farmland at the time of delaying the payment of the remainder of the intermediate payment and the remainder. Accordingly, around April 3, 2017, the Defendant notified the Plaintiff that “the Plaintiff delayed the payment of part of the intermediate payment and the remainder, thereby cancelling the instant sales contract, and forfeits the down payment of this case as a breach of the contract,” and deposited the payment with Suwon District Court KRW 70 million paid from the Plaintiff on April 12, 2017.

(hereinafter referred to as “the deposit of this case”). . [Ground of recognition] The deposit of this case is without dispute; Gap evidence Nos. 3, 4, 5, Eul evidence Nos. 7, 8, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The plaintiff is a corporation that runs real estate sale and purchase business, lease business, etc. due to original impossibility, etc.