1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 27, 2016, the Plaintiff decided to purchase 182 square meters (55 square meters; hereinafter “the instant real estate”) out of the Busan-gun C Forest, Busan-gun, from the Defendant (Seoul-gun Co., Ltd.) upon the Defendant’s solicitation as an employee of the Defendant, and deposited 2 million won of the down payment to the Defendant.

On September 30, 2016, the Plaintiff purchased the instant real estate from the Defendant, and the Plaintiff paid KRW 20,850,000 to the Defendant a down payment of KRW 2 million on September 27, 2016. The intermediate payment of KRW 3 million on September 30, 2016 entered into a sales contract to pay KRW 15,850,00 to the Defendant around October 2016 (hereinafter “instant sales contract”). On September 30, 2016, the Plaintiff paid KRW 3 million to the Defendant for the intermediate payment of KRW 3 million on the instant sales contract.

Meanwhile, Article 4 of the sales contract of this case provides, “When the seller has placed a contract, he/she shall compensate the purchaser for the amount double the down payment, and when the purchaser has placed a contract therefor, it shall be null and void and shall not claim the full purchase price.” Article 6 provides, “The purchaser shall not claim the full purchase price.” Article 6 provides, “The purchaser shall check all documents of the land prior to the purchase of this land and enter into a contract after having confirmed the possibility of the future after the answer,

B. On October 21, 2016, the Plaintiff: (a) designated the instant real estate as an green conservation area for which development activities are difficult; and (b) cannot proceed with the instant sales contract any longer because the Plaintiff’s husband did not notify the Plaintiff’s husband of the conclusion of the instant sales contract; (c) reversed the instant sales contract and sent a certificate of content requesting the return of the already paid down payment and intermediate payment.

C. Accordingly, on November 4, 2016, the Defendant explained to the Plaintiff that the instant real estate was a preserved green belt at the time of entering into the instant sales contract, thereby urging the Plaintiff to pay the remainder under the instant sales contract.