1. The Defendant’s KRW 100,000,000 as well as 5% per annum from October 23, 2014 to February 25, 2015 to the Plaintiff.

1. Basic facts

A. On August 27, 2014, the Plaintiff purchased 1.2 billion won from the Defendant, Daegu-gu, Daegu-gu, c. 147 square meters, D large 450 square meters, and E large 147 square meters (hereinafter “each of the instant lands”). The Plaintiff concluded a sales contract with the Defendant to pay 1.2 billion won at the time of a contract, and the intermediate payment of 40 million won on September 16, 2014, and the remainder of 70 million won on October 20, 2014 (hereinafter “instant sales contract”).

B. On August 27, 2014, the Plaintiff paid KRW 100 million to the Defendant according to the instant sales contract.

C. After that, the instant sales contract was not implemented as agreed upon.

The Defendant sold each of the instant real estate to F and G on October 22, 2014, and completed the registration of ownership transfer on December 5 of the same year.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion asserts that, around September 13, 2014, the Defendant cancelled the instant sales contract with the Defendant and agreed to return KRW 100 million that the Defendant received as the down payment to the Plaintiff.

B. The Defendant asserted that, around September 13, 2014, the contract term of the instant sales contract would only be considered to return the down payment to the Plaintiff when selling each of the instant land to a third party at the desired price by the Defendant, and that there was no such agreement as alleged by the Plaintiff. 2) The Defendant also agreed to prepare the so-called “the so-called “the so-called “the so-called “the so-called contract” prepared between the Plaintiff and the Defendant at the time of the conclusion of the instant sales contract, and the Plaintiff refused to prepare the “the” contract on September 11, 2014 and did not pay the intermediate payment on or around the 16th of the same month, thereby cancelling the instant sales contract due to the Plaintiff’s nonperformance.