1. The Defendant’s KRW 30,000,000 and its amount are 5% per annum from September 15, 2014 to June 11, 2015 to the Plaintiff.

1. Determination on the cause of the claim

A. On June 26, 2014, the Plaintiff asserted that the Plaintiff entered into a sales contract with the Defendant on KRW 300,000,000 of the purchase price (hereinafter “instant sales contract”) with respect to Pyeongtaek-si site and the two-story detached housing (hereinafter “instant detached housing”) and paid KRW 30,00,000 as the down payment. Since the instant detached housing was heavily grounded on the ground subsidence, it constitutes an important part of the instant sales contract, the Plaintiff revoked the instant sales contract with the content certification as of August 12, 2014. The Plaintiff, upon its primary request, sought payment from the Defendant for restitution of KRW 30,00,000 due to the cancellation of the instant sales contract and damages for delay from June 27, 2014.

The Defendant sold the instant detached house to D on October 11, 2014, and completed the registration of ownership transfer on January 7, 2015. Accordingly, the Defendant’s obligation to transfer ownership of the instant detached house to the Plaintiff was impossible, and thus, on February 2, 2015, revoked the instant sales contract on the ground that the Defendant’s obligation to transfer ownership of the instant detached house to the Plaintiff was served as a preparatory document as of February 2, 2015, and sought payment of damages for delay from June 27, 2014 to the Defendant by the preliminary claim for restitution following the rescission of the instant sales contract.

B. (1) The lower court did not have any dispute over the primary cause of claim; (2) comprehensively taking account of the following facts: Gap evidence Nos. 1, 2, and 6; and the result of this court’s appraisal commission to appraiser E; and (300,000,000 as the purchase price for the instant detached house between the defendant and the defendant on June 26, 2014; and (3) paid the defendant as the down payment KRW 23,000,000 as the contract date; and (3) the instant detached house was composed of two parts, two parts, two parts, and two parts, and two parts, the left side of the building using the franchise market from the outer wall of the building.