1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On December 10, 2015, the Defendant decided to purchase the Plaintiff’s land C site 138 square meters and its ground building (hereinafter “instant real estate”) from the Plaintiff, Changwon-si, Changwon-si, the Plaintiff owned at KRW 140 million, and paid KRW 4,000,000 to the Plaintiff as down payment.

B. Since then, the Plaintiff, while remitting the above KRW 4,00,000 received as down payment to the Defendant, expressed its intent to refuse the performance of the instant sales contract.

C. The Defendant is insufficient to refund the down payment that the Plaintiff received in order to lawfully cancel the sales contract of the instant real estate. As such, the Defendant is obliged to additionally pay the remainder of KRW 4,000,000,000, which is a double of the down payment, and on January 18, 2016, filed an application for provisional attachment of KRW 4,000,000 for the claim amount of the instant real estate with the Changwon District Court Decision 2016Kadan11, Changwon-gu, Changwon District Court, Changwon-gu, Seoul, Seoul, for a provisional attachment of KRW 4,00,000, and on January 20, 2016 (hereinafter “application for provisional attachment”). The provisional attachment registration was completed on the same day.

On August 8, 2016, the Defendant filed a lawsuit against the Plaintiff under the Changwon District Court 2016Gaso2381, Changnam District Court 2016, but was sentenced to a judgment against the Plaintiff on December 19, 2016, and the said judgment became final and conclusive on January 14, 2017.

E. On February 3, 2017, the Plaintiff applied for the revocation of the provisional attachment order of this case to the Changwon District Court, Changwon-nam District Court on February 3, 2017, and on February 24, 2017, the Defendant applied for the revocation of the provisional attachment of this case, and the registration of the provisional attachment of this case was revoked.

[Ground of recognition] Unsatisfy, Gap evidence 12, Eul evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1 returned KRW 4,00,000 to the defendant as the down payment of the sales contract of this case and the defendant agreed to cancel the sales contract of this case without any legal basis.