1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The reasoning of the judgment of the court of first instance that accepted the defendant's defense of payment and rendered judgment of the court of first instance is identical to the part against the defendant among the reasons of the judgment of the court of first instance, and thus, it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.

The actual contents of the tax shall be deleted from the 5th judgment of the first instance court, the 7th judgment, the 7th judgment, the 19th judgment, and the 6th judgment, the 19th judgment, respectively.

The actual contents of the 8th judgment of the first instance court are as follows: “Determination on the primary claim” in Part 12 of the 8th judgment, “3. Determination on the claim for restitution due to the cancellation or cancellation of the sales contract in this case.”

The actual contents of the tax are as follows, from 14th to 15th of the judgment of the first instance court.

(C) According to the theory of lawsuit, the defendant is obligated to pay to the plaintiff 41,220,00 won remaining after deducting 5,960,000 won of total sale price from 55,000 won of total sale price (=294,80,000,000 x 5%) due to the cancellation of the contract in this case, and to pay damages for delay from April 24, 2018, clearly on the record that the delivery of a copy of the complaint in this case is the next day of the delivery of a copy of the contract in this case (the plaintiff sought payment of legal interest or damages for delay from April 24, 2018 (the payment date of each contract in this case). However, according to Article 4 (1) of the contract in this case, if the contract in this case is terminated, the remaining amount after deducting the penalty can not be returned, and according to the above recognition, the plaintiff's claim for the payment in this case's contract in this case's cancellation of contract in this case can not be accepted.