1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Expenses for filing an appeal, and those for filing an application for the return of provisional payments.

On June 27, 2014, the Plaintiff entered into a sales contract with the Defendant to pay KRW 26,000,000 on the date of entering into the contract and the remainder of KRW 234,000,000 on August 26, 2014 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 26,00,000 to the Defendant as down payment on the same day.

The sales contract of this case includes the following contents:

Article 3 (Change of Name) The seller shall perform his/her duty to transfer the name of real estate and the registration on the remainder payment date unless otherwise stipulated.

Where the contract is rescinded before the payment of the intermediate payment is made under Article 4, the seller may cancel the contract by giving up the contract deposit as a penalty by compensating twice the contract deposit as a penalty, and the buyer may cancel it as a penalty.

After the payment of Article 5 (Cancellation of Contract after Installment Payment) the part payment has been made, the party responsible for the cancellation of contract may cancel the contract for compensation for damages incurred to the other party in accordance with the principles of civil law in addition to the penalty of penalty under

On August 26, 2014, the payment date of the remainder, the Plaintiff paid only KRW 10 million out of the remainder and failed to pay the remainder. On September 17, 2014, the Defendant, along with documents necessary for the registration of transfer of ownership, such as a certificate of personal seal impression for sale, issued to the Plaintiff on September 19, 2014, proving that the instant sales contract was cancelled if the Plaintiff failed to perform the obligation to pay the remainder by September 19, 2014.

Then, the Plaintiff did not pay the remainder by September 19, 2014, and the Defendant sent to the Plaintiff on September 24, 2014, a certificate of content that the instant sales contract was rescinded, and the said certificate reached the Plaintiff around that time.

On September 29, 2014, the Plaintiff is a part of the remainder amount of KRW 100 million.