1. The Defendant’s KRW 139,960,000 for the Plaintiff and KRW 1,00,000 for each month from April 1, 2014 to May 10, 2017.

Facts of recognition

On January 4, 2012, the Plaintiff and the Defendant agreed to purchase from the Defendant for KRW 231,120,000 of land (hereinafter “instant building”) and KRW 309 of the Plaintiff’s land (hereinafter “instant building”). The Plaintiff paid KRW 24 million to the Defendant as the down payment on January 4, 2012, KRW 74 million as the intermediate payment on January 17, 2012, KRW 75 million as part of the remainder, and KRW 128 million as part of the remainder.

(A) On December 1, 2012, the Plaintiff and the Defendant agreed to cancel the instant contract, and the Defendant agreed to sell the instant building to a third party and to pay to the Plaintiff KRW 128 million in sales proceeds received from the Plaintiff 14 days thereafter and KRW 18 million in sales proceeds, if the registration is completed in the name of a third party.

On May 18, 2013, the Defendant paid KRW 5 million to the Plaintiff.

On December 7, 2013, the plaintiff and the defendant changed the terms of the above agreement as follows.

① The Defendant sells the instant building by March 31, 2014, and deducts KRW 5 million returned from the Plaintiff at KRW 128 million, and pays KRW 139.6 million in total, including KRW 8 million in sales profit, KRW 8.9 million in delay damages, and KRW 139.6 million in damages for delay.

② If it is impossible to sell the instant building by March 31, 2014, the Defendant shall pay to the Plaintiff one million won each month.

On March 15, 2017, the instant building was sold to a third party during a compulsory auction procedure.

[Grounds for recognition] According to the facts without dispute, Gap 1, 3, and 6 evidence, and the purport of the whole pleadings, the above facts of recognition are as follows: according to the agreement following the rescission of the agreement of this case, the defendant is entitled to KRW 139,960,000 as well as interest or delay damages thereon from April 1, 2014 until the date of delivery of the application for modification of the purport of this case and the cause of the claim. The defendant is entitled to KRW 100,000 per month from the next day to the date of full payment.