1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 20, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase D Licensed Real Estate Agent Office (hereinafter “instant sales contract”) with the amount of KRW 42,50,000,000, which the Defendant had operated as D Licensed Real Estate Agent Office 102, and agreed to pay the remainder amount of KRW 2,50,000 on the date of the contract, and the remainder amount of KRW 40,000,000 on April 30, 2014.

B. On May 8, 2014, the Plaintiff sent to the Defendant a notice to the effect that “the instant sales contract is rescinded, as the Defendant refused to accept any balance on the outstanding payment date without any justifiable reason.”

[Recognition] Unsatisfy, Gap evidence Nos. 1-3

2. The scope of adjudication and the judgment sought damages equivalent to the return of down payment and the down payment. The first instance court rejected only the Plaintiff’s claim for the return of down payment and the claim for damages.

Therefore, the scope of the judgment of this court is limited to the claim for damages equivalent to the down payment.

On the other hand, even after examining all the evidence submitted by the Plaintiff, there was an estimate to compensate for damages with the effect that in the case of the instant sales contract, a double of the down payment will be repaid at the end of the contract.

In addition, there is no evidence to acknowledge that the Plaintiff suffered additional damages from the Defendant’s nonperformance of obligation in the amount of KRW 2,500,000.

3. If so, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.