1. The judgment of the first instance, including the Plaintiff’s conjunctive claim added by this court, is modified as follows.

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) newly built F, a commercial building, on the land surface E in Young-gu, Suwon-gu, Suwon-si (hereinafter “instant building”), and entered into a sales agency contract with Defendant C Co., Ltd. (hereinafter “Defendant C”).

Defendant B is the representative director of Defendant C.

B. On July 23, 2014, the Plaintiff, via Defendant C, sold KRW 105,00,000 from Defendant D the first floor of the instant building (hereinafter “instant store”), and paid KRW 318,000,000 to Defendant D the down payment of KRW 318,000,000 until the date of the contract, and KRW 16,000,000,000 from August 22, 2014, the remainder payment of KRW 636,00,00,000 until September 30, 2014 (hereinafter “instant sales contract”), and on the same day, paid the down payment of KRW 318,00,000 to Defendant D.

C. According to Article 17 of the sales contract of this case, “If the sales contract of this case is cancelled due to the delay in the payment of the intermediate payment or the balance, the sales contract of this case shall vest in Defendant D with penalty equivalent to 10% of the sales price, and Defendant D shall refund to the Plaintiff the remainder after deducting the amount equivalent to the above penalty from the amount paid at the time of the Plaintiff.”

On February 11, 2015, the Plaintiff notified the Plaintiff of the cancellation of the instant sales contract in the event that the intermediate payment and the remainder are not paid by February 27, 2015 due to the overdue payment of intermediate payment and the remainder payment.

F. On April 29, 2015, the Plaintiff submitted a written request for cancellation of the instant sales contract and a written consent for re-sale to Defendant D.

G. Accordingly, on May 12, 2015, Defendant D confiscated 16 billion won, which is equivalent to 10% of the sales price, as penalty, out of the down payment of KRW 318 million on May 12, 2015, as the penalty, and returned the remaining 212 billion won to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 8, and Eul evidence 1.