1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On April 11, 2015, the Defendant prepared the following sales contract with respect to two-story houses on the ground of 2222.8 square meters in Gangdong-gu Seoul Metropolitan Government D Site D site owned by the Defendant (hereinafter “instant real estate”) at the office of licensed real estate agents operated by the Plaintiff, a licensed real estate agent, between C and C:

(hereinafter “instant sales contract”). C In the sale of the pertinent real estate on the same day, Article 1(1) of the 5 million won to the Defendant, the seller and the buyer agreed to pay the purchase price as follows by agreement:

The purchase price of KRW 1,200,000,000 for down payment of KRW 80,000 shall be paid and received at the time of the contract. The intermediate payment of KRW 60,000,000 shall be paid on June 4, 2015, and the balance of KRW 1,060,000,000 shall be paid on July 6, 2015.

Article 5 (Cancellation of Contract) The seller may compensate the seller for the amount double the down payment until the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters] The down payment shall be paid KRW 5,000,000 on the day of the contract, and KRW 35,000,000 shall be paid on April 14, 2015, and the remainder of KRW 40,000 shall be paid on April 21, 2015.

The loan amount is KRW 384,00,000 with the maximum debt amount, and is a condition for repayment and cancellation at the remainder. The claim for the refund of the lease deposit with respect to the instant real estate is KRW 110,000,000, and C was a condition for succession.

B. Meanwhile, on the same date under the name of the Defendant and C, a written agreement (hereinafter “instant agreement”) separate from the instant sales contract.