1. The plaintiff's claim is dismissed.

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

1. On May 28, 2008, the Plaintiff entered into a sales contract with the Defendant to purchase the amount of KRW 780,000,000 (78,000,000 for contract deposit, KRW 81,000 for the 12 intermediate payment, and KRW 540,000 for the remainder amount, KRW 240,000 for the contract deposit and the 12 intermediate payment (=78,000,000 for the contract deposit and KRW 81,000 for the 12 intermediate payment). The Plaintiff paid the Defendant the down payment and KRW 8,00,000 for the 12 intermediate payment on the date of the contract (=78,000,000 for the 81,000,000 for the 81,000,000 for the 12 intermediate payment).

However, the above sales contract was concluded by the Defendant to purchase the instant forest from D, the owner of the instant forest, and sell it again to the Plaintiff. However, since the remainder payment date stipulated in the sales contract for the instant forest between the Defendant and D was agreed on August 10, 2008 between the Plaintiff and the Defendant as of August 10, 2008, the remainder payment date under the sales contract between the Plaintiff and the Defendant, the Defendant could not deliver the instant forest to the Plaintiff from the time of entering into the sales contract with the Plaintiff.

Accordingly, on September 25, 2008, the Plaintiff sent to the Defendant a document verifying that the instant sales contract was rescinded due to the Defendant’s nonperformance, and thus, the instant sales contract was lawfully rescinded at that time. Accordingly, the Defendant is obligated to return the purchase price of KRW 240,000,000 paid from the Plaintiff to the Plaintiff following the rescission of the instant sales contract.

2. Determination

A. According to the evidence Nos. 2 and 3, the Defendant received KRW 240,00,00 from the Plaintiff as the sales contract amount of the instant forest and the intermediate payment on May 28, 2008, and the Plaintiff sent to the Defendant on September 25, 2008, with a content-certified mail that the sales contract for the instant forest will be cancelled. However, even though the fact of recognition and the testimony of the witness E merely purchased the instant forest from D, the owner of the instant forest, and then concluded a sales contract for the instant forest again with the Plaintiff.