1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. The plaintiff shall bear the total litigation costs.

1. Basic facts

A. On April 9, 2016, the Plaintiff entered into a provisional contract with the Defendant to purchase each real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) (hereinafter “instant provisional contract”) and paid KRW 17,000,000 out of the down payment to the Defendant.

The main contents of the above provisional contract are as follows:

Sales amount: 1,300,000 provisional contract amount of KRW 20,000,000 shall be determined by the time of April 1, 2016, the contract shall be null and void if the person having chonsegwon is determined by the time of April 3, 2016, and the contract shall be made in writing at 15:00 p.m. (hereinafter “3:0 p.m.”).

The trading price shall be determined at 0.0 billion won.

On the other hand, the provisional contract of this case is printed in the form of “The seller shall reimburse the sum of the down payment to the seller before the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and rescind the contract.” In the event the seller or the buyer fails to perform the terms and conditions of the contract under Article 6 (Non-performance of Obligations and Compensation for Damages), the other party may demand in writing the non-performance and rescind the contract. In addition, the other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed, the down payment shall be scheduled to compensate for damages.”

C. On April 11, 2016, the Defendant requested the Plaintiff to “the postponement of the conclusion of this contract by April 12, 2016,” and then requested that the Plaintiff enter into this contract from April 12, 2016 to December 12, 100, and then “the Plaintiff did not conclude this contract by the decision of the person having chonsegwon at around 12:00.

‘The notification' was made. D.

On April 25, 2016, the Defendant returned KRW 17,000,00 to the Plaintiff.

E. On May 4, 2016, the Defendant entered into a sales contract with C for each of the instant real estate, and completed the registration of ownership transfer on June 20, 2016.

[Ground of recognition] Unsatisfy, A No. 1.