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 12, 2015, the Plaintiff purchased the amount of KRW 450 million in Nam-gu C forest land of KRW 5180,000,000 between the Defendant and the Defendant at port (hereinafter “instant real estate”). The Plaintiff entered into a sales contract with the effect that the down payment of KRW 30 million shall be paid on the contractual date, and the remainder of KRW 420,000,000 shall be paid on June 12, 2015 (hereinafter “instant sales contract”), and the Defendant paid the down payment of KRW 30 million to the Defendant on the same day.

B. The Plaintiff and the Defendant stated in Article 4 of the sales contract of this case that “When the seller has breached the contract, he shall compensate the purchaser for the amount of the down payment and at the time of the buyer’s breach, the contract shall be null and void and shall not claim the return of the down payment.”

C. Meanwhile, the Defendant sold the instant real estate to D on July 10, 2015 and completed the registration of ownership transfer.

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

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant sold the real estate of this case to D, and thus, the defendant's obligation to transfer ownership under the sales contract of this case was impossible, so the defendant is liable to pay the plaintiff the amount of the down payment, which is KRW 60,000,000, and damages for delay due to the cause attributable to it.

B. As to whether the instant sales contract was impossible due to the Defendant’s fault, the Defendant sold the instant real estate to D on July 10, 2015, and completed the registration of ownership transfer, as seen earlier, but on the other hand, in full view of the entries in subparagraph 1 and the purport of the entire pleadings, the Plaintiff did not pay the remainder to the Defendant on June 12, 2015, which is the remainder payment date stipulated in the instant sales contract, and the Plaintiff prepared and delivered a written waiver to the Defendant to the effect that he would waive the right to the instant real estate on June 26, 2015, and according to the above facts of recognition.