1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On May 27, 2016, the Defendant purchased the land of Ulsan-gu and the fourth floor building thereon (hereinafter “instant real estate”) and completed the registration of ownership transfer under the name of the Defendant on July 12, 2016.

In order to secure the debt amount of KRW 390 million to the New Saemaul Depository on the same day, the Defendant set up a right to collateral security of KRW 57 billion with the maximum debt amount in the future of the New Saemaul Depository on the real estate in this case.

B. A sales contract was prepared on July 21, 2016, stating that the Plaintiff purchased the instant real estate from the Defendant under the brokerage of broker D who operates a H Licensed Real Estate Agent Office (hereinafter “instant brokerage office”) with respect to the instant real estate.

(A) No. 2, hereinafter referred to as “instant sales contract”).

According to the sales contract of this case, the purchase price is KRW 850 million and the down payment is KRW 60 million among them on the date of the contract, and the purchaser takes over the loan of KRW 390 million from the right to collateral security, and the remainder of KRW 400 million is paid on October 31, 2016.

On July 21, 2016, the Defendant sent the Defendant’s resident registration certificate to the instant brokerage office by facsimile.

E. Since then, the Plaintiff sent KRW 60 million to D as a check, and D transferred KRW 60 million to the head of Tong in the name of Dong E on July 21, 2016.

F. On July 22, 2016, the Defendant returned the said KRW 60 million to the account in the name of D on July 22, 2016, which was the following day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 8, 9, Eul evidence No. 3 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The instant sales contract was normally concluded with F on behalf of the Defendant, and as long as the Defendant unilaterally returned the down payment and expressed his intent to refuse performance, the instant sales contract was cancelled due to the cause attributable to the Defendant.