1. The plaintiff's claim is dismissed.

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

1. Around April 2006, the Plaintiff purchased the price agreed upon by the Defendant prior to B of Gwangju Northern-gu (hereinafter “instant real estate”) from the Defendant and paid KRW 10 million as the purchase and sale agreement amount to the Defendant. However, if the agreement remains effective until September 30, 2006 and the above date comes into force, the Plaintiff entered into a trade agreement with the Defendant to waive the agreed amount of KRW 10 million without any condition (hereinafter “instant trade agreement”). The Defendant paid the said KRW 10 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the Defendant had entered into a special agreement with the Plaintiff to waive the right to rescind the contract, the Defendant sold the instant real estate twice to the C Housing Association following the instant sales agreement. As such, since the instant sales agreement was implicitly rescinded or cancelled due to the Defendant’s impossibility of performance, the Defendant is obligated to return the said sales agreement to the Plaintiff KRW 10 million.

B. The above act of double selling by the Defendant also constitutes a default on the Plaintiff’s obligation or a tort, and even if so, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the above sales agreement amount.

C. In the instant sales agreement, even if the special agreement to waive the agreed amount without any condition is deemed as liquidated damages, since the said sales agreement constitutes an unfair and excessive case as liquidated damages, the Defendant is obligated to return only the reduced portion out of the above amount to the Plaintiff.

3. Determination

A. The Defendant agreed to waive the right to rescind an agreement between the Plaintiff and the Plaintiff solely on the basis of the evidence Nos. 4 and 5.

The instant real estate was sold twice to C Housing Association after the instant trading agreement was concluded.