1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 16, 2012, the Plaintiff and the Defendants concluded a sales contract with the Defendants to purchase KRW 200,000,000,000,000,000 prior to the Incheon Spojin-gun, Incheon, where the Defendants owned each 1/2 share, and to pay the remainder KRW 90,000,000 on the date of the contract, and the remainder KRW 100,000,000,000,000 on January 16, 2013 (hereinafter “instant contract”).

B. On January 16, 2012, the Plaintiff paid a down payment of KRW 100 million to the Defendants.

[Ground for recognition] Unsatisfy

2. The summary of the Plaintiff’s assertion ① The Defendants did not commence the performance of obligations under the instant contract until the Plaintiff filed the instant lawsuit. Therefore, the Plaintiff rescinded the instant contract in accordance with Article 565(1) of the Civil Act.

② Even if the instant contract was not rescinded pursuant to Article 565(1) of the Civil Act, the instant contract was rescinded as the Plaintiff rejected the performance of obligations under the instant contract.

③ 10 million won of the down payment stipulated in the instant contract falls under cases where the estimated amount of damages is unreasonable and excessive, and thus, the amount should be reduced. The amount of 19 million won, which is 10% of the purchase price stipulated in the instant contract, is appropriate.

Therefore, the Defendants, as seen above, should return to the Plaintiff the remainder of KRW 81 million exceeding the pertinent amount of damages exceeding the amount of KRW 19 million out of the down payment of KRW 100 million, as the instant contract was rescinded.

3. Determination

A. Article 565(1) of the Civil Act provides that “When one of the parties to a sale delivers money and other things at the time of the contract to the other party as a down payment, deposit, etc., unless otherwise agreed by the parties, the deliverr shall waive it until one of the parties commences performance, and the receiver may rescind the contract by repaying the double amount.”

Here, the delivery waives the right to claim the return of the down payment, and the plaintiff is out of the down payment.