The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. On February 19, 2019, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the deceased B (hereinafter “the deceased”) for KRW 126,00,000,000, and agreed to pay the remainder amount of KRW 113,000,000 on April 15, 2019 when entering into a contract.

(hereinafter “instant sales contract”). The main contents of the instant sales contract relating to the instant case are as follows.

In the event of a seller's breach of this contract under Article 6 of the Real Estate Sales Contract, the seller shall compensate for the amount of the down payment with penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the

A contract shall be made according to the present condition of the special agreement. Any balance shall be paid after acquiring development activities.

B. Around that time, the Plaintiff paid 13,000,000 won to the Deceased.

C. On September 14, 2019, the date of the closing of the argument in the first instance trial, the deceased died on September 14, 2019, and the deceased’s spouse, Defendant C, E, A, A’s spouse F, A’s grandchildren, G, his grandchildren, and H inherited the deceased (the deceased’s wife, died on February 5, 2016, and the deceased’s spouse F, G, and H inherited the deceased’s deceased’s deceased’s deceased spouse B on behalf of the deceased) taken over the instant lawsuit.

[Ground of recognition] Facts without dispute, obvious facts in records, entry of Gap evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's primary assertion was that the plaintiff did not perform the special terms and conditions stipulated in the contract of this case as follows, and the plaintiff cancelled the contract of this case through the delivery of a copy of the complaint of this case. Thus, the deceased is obligated to pay to the plaintiff 26 million won a down payment of KRW 13 million as penalty stipulated in Article 6 of the contract of this case.

However, since the deceased died, the Defendants inherited the above KRW 26 million by inheritance shares listed in the separate sheet shall pay to the Plaintiff the amount of money as stated in the purport of the claim and damages for delay.