1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below.

1. Basic facts

A. On May 7, 2012, the Plaintiff entered into a sales contract with the Defendant to sell KRW 353,000,000 (hereinafter “instant sales contract”) of KRW 165 square meters and KRW 3,974 square meters (hereinafter “instant land”) prior to Hongcheon-gun, Seocheon-gun and Seowon-gun, and received KRW 103,00,000 as the down payment from the Defendant and received KRW 250,000 from the Defendant on May 31, 2012.

B. The Plaintiff received KRW 103,000,000 as down payment from the Defendant, and on May 8, 2012, the Plaintiff completed the registration of the right to claim ownership transfer of the instant land to the Defendant.

C. The Defendant failed to pay the remainder of KRW 250,00,000 to the Plaintiff by May 31, 2012, which is the remaining payment date, and thereafter, the Plaintiff notified the Plaintiff of the payment of the balance by July 16, 2012 when providing the documents necessary for the registration of the transfer of ownership.

On July 17, 2012, the Plaintiff notified the Defendant of the rescission of the instant sales contract on the grounds of the remainder payment.

E. On September 2012, the Plaintiff filed a lawsuit against the Defendant seeking cancellation of the provisional registration of this case against the Chuncheon District Court 2012Kadan10365 (hereinafter “transfer lawsuit”).

On April 17, 2013, the above court rendered a judgment that "the defendant shall be paid KRW 63,000,000 (= KRW 103,000,000 - KRW 40,000) from the plaintiff, and at the same time he/she shall perform the procedure for registration of cancellation of the provisional registration of this case to the plaintiff, on the grounds that the plaintiff notified the cancellation of the contract for the reason that the contract was lawfully rescinded, and the down payment of KRW 103,00,000 is excessive as the scheduled damages, and it is reasonable to reduce it to KRW 40,000,00." The above judgment became final and conclusive as it is.

[Reasons for Recognition: Unsatisfy Facts, Gap evidence 1 and 6, each of which contains a satisfy number; hereinafter the same shall apply

(2) The grounds of appeal No. 1

2. Determination as to the cause of action

A. Evidence Nos. 1, 6, 7, and 10-2 of the tort liability established.