1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 14, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase the instant real estate of 573 square meters and D forest land of 573 square meters and 1,686 square meters and the instant two-story housing (hereinafter “instant real estate”) for KRW 500 million (hereinafter “instant sales contract”).

B. B. Before paying the remainder of the instant sales contract to the Defendant, the Plaintiff received the instant real estate from the Defendant, and operated penta, and on May 30, 2014, the Plaintiff agreed with the Defendant to pay interest on KRW 290 million for the loans of community credit cooperatives, a secured debt of the right to collateral security established on the instant real estate, prior to the payment of the remainder.

C. On October 6, 2014, the Defendant, if the Plaintiff violated an agreement to pay KRW 50,000 to the Defendant as part of the remainder, instead of suspending the payment of interest on the loan, sent a notice of rescission of the instant sales contract on the ground of the Plaintiff’s nonperformance, and the said notice of rescission reached the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On October 6, 2014, the Defendant notified the rescission of the instant sales contract, and the Plaintiff consented to the rescission itself (However, the Defendant’s assertion that the contract will be rescinded due to the cause attributable to the Plaintiff). Accordingly, the instant sales contract was rescinded upon the agreement between the Plaintiff and the Defendant’s rescission intent.

Therefore, the Defendant shall pay to the Plaintiff the down payment of KRW 42 million due to the rescission of the contract of this case, and return the amount of KRW 5 million for the operation of pentium to the Plaintiff, KRW 6.32 million for the interest on the secured debt of the right to collateral security established on the instant real estate, and KRW 3.75 million for the lessee’s director’s expenses residing in the instant real estate as unjust enrichment.

(b) judgment;