1. The Defendant’s KRW 170,000 and the Plaintiff’s annual rate from June 6, 2015 to July 13, 2015.

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.

On May 13, 2015, the Plaintiff sold each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) to KRW 1.727.8 billion, and the down payment of KRW 1.770 million is paid on May 15, 2015 and the remainder of KRW 1.557.8 million is paid at the same time as the transfer registration of ownership on June 15, 2015. If the seller or the purchaser fails to perform a contract, the other party shall be notified in writing and the contract may be rescinded, and the damages arising from the termination of the contract may be paid on the basis of the down payment (hereinafter “instant sales contract”).

B. On May 15, 2015, the Defendant did not pay the Plaintiff the down payment of KRW 1.7 million under the instant sales contract. Accordingly, on May 26, 2015, the Plaintiff notified the Defendant to pay the down payment up to June 5, 2015, and sent to the Defendant a written statement proving the effect that the instant sales contract will be immediately cancelled if the said period is not paid, and the said mail would have arrived at the Defendant around that time.

However, the Defendant concluded the instant sales contract for the purpose of building and using a logistics warehouse for each of the instant real estate, but sought an inquiry from the competent administrative agency, and confirmed that the building permit is impossible, and thus, did not pay the down payment to the Plaintiff even after the lapse of June 5, 2015.

2. The assertion and judgment

A. The summary of the parties' assertion (1) that the Plaintiff’s Defendant concluded the instant sales contract with the intent to build a logistics warehouse for each of the instant real estate is nothing more than the circumstances of the Defendant, and the Plaintiff is in the instant sales contract.