1. The Defendant sells to the Plaintiff on November 11, 2015, with regard to the land size of 388 square meters in Seopopopo-si and D orchard 1,582 square meters in Seopo-si.

1. Basic facts

A. On November 11, 2015, the Plaintiff entered into a sales contract with the Defendant on the following terms: (a) the sales price of KRW 170,000,00 for the instant land was KRW 153,000,000 for the amount of KRW 1970,000 for the amount of KRW 1970,000 (the amount was divided into KRW 388,000 for C orchard and KRW 1,582,00 for D orchard; hereinafter “instant land”); and (b) the remainder of KRW 153,00,000 for the date of the contract; and (c) the payment of KRW 153,00,00 for the remainder on April 15, 2016 (hereinafter “instant sales contract”).

On the other hand, the Plaintiff paid 17,000,000 won of down payment in advance on November 10, 2015.

B. According to Article 5 of the sales contract of this case, the seller shall reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment to the seller, and the buyer may waive the down payment and cancel the contract. The special agreement provides that “The buyer shall return the down payment of KRW 17,000,000 to the buyer at the time of transfer to a third party.”

C. After concluding the instant sales contract, the Defendant notified the Plaintiff of the cancellation of the contract by returning KRW 10,000,000, out of the down payment received from the Plaintiff on November 12, 2015, and deposited KRW 7,000,000 on May 2, 2017.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. In order to cancel the instant sales contract by the Plaintiff, the Defendant’s rescission of the contract has no effect since the Defendant failed to perform the repayment of the down payment.

In addition, as the Plaintiff received a decision of provisional disposition prohibiting disposal on May 13, 2016 on the instant land, and started to implement the instant lawsuit by filing a lawsuit, the Defendant may not rescind the sales contract thereafter.

Therefore, since the sales contract of this case remains valid, the defendant is entitled to the plaintiff according to the sales contract of this case.