1. The defendant shall receive KRW 40,000,000 from the plaintiff, and at the same time, he shall be paid KRW 160,000 to the plaintiff in Seocho-si.

1. Basic facts

A. On January 14, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 60,000,000,000 (hereinafter “instant land”) from the Sinsi-si Ddong (hereinafter “Ddong”) with the Defendant for purchase of KRW 160,00,000,000 (hereinafter “instant purchase”).

According to the instant sales contract, KRW 3 million for down payment is to pay KRW 10 million for the first intermediate payment on February 14, 2016, and KRW 7 million for the second intermediate payment on March 14, 2016, respectively, on May 14, 2016.

B. The Plaintiff paid to the Defendant a down payment of KRW 3 million and an intermediate payment of KRW 17 million according to the instant sales contract.

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

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff the remaining purchase and sale amount of KRW 40 million and to implement the registration procedure for transfer of ownership on the land of this case for the plaintiff at the same time.

3. Judgment on the defendant's defense

A. The gist of the instant sales contract was rescinded on November 30, 2016 due to the Plaintiff’s nonperformance of the obligation to pay the remainder.

B. On July 31, 2013, the Defendant completed the registration of ownership transfer on the instant land based on a compulsory sale by official auction. (2) On the land adjacent to the instant land (hereinafter “Adjoining land”), there was a house with soil walls, stones, strings, and 175 square meters adjacent to the instant land (hereinafter “Adjoining building”). However, 15 square meters out of the adjoining building was invaded with the instant land.

3) Accordingly, the Defendant, as the wife of F and F, filed a lawsuit against G, the owner on the register of the adjoining building unregistered as the wife of F and F, seeking the removal and delivery of the said sunken part by the Chuncheon District Court Branching 2015Kadan1743. The Defendant confirmed the death of F and G in the course of the lawsuit and confirmed the death of F and G, and the Plaintiff, H, I, and J, who are children of F and G.