1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 20, 2012, the Plaintiff entered into a contract with the Defendant to purchase a factory building constructed on the land (hereinafter “instant building”) at KRW 500 million (hereinafter “instant contract”) with the Defendant, Gyeongnam-gun, Gyeongnam-gun, the Defendant-owned (hereinafter “instant land”), and paid KRW 500,000,000 as down payment.

B. In the instant contract, until November 30, 2012, the Plaintiff paid the down payment of KRW 15 million additionally, and the Defendant completed the instant building by December 15, 2012 and agreed to deliver it to the Plaintiff on December 20, 2012. The Plaintiff additionally paid KRW 15 million to the Defendant as the down payment pursuant to the said agreement.

C. After that, the Defendant: (a) received a certificate of completion of development activities from the head of Haan-Gun on March 6, 2013; and (b) obtained approval for use on March 11, 2013; and (c) the Plaintiff occupied the instant building from March 2013 to April 2013, occupied and used the instant land and buildings; (b) handed over the instant land and buildings to the Defendant on May 30, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, witness D, E's testimony, fact-finding with respect to the head of the fleet of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff paid KRW 20 million to the Defendant as down payment. However, the Defendant failed to complete the instant building by December 15, 2012 agreed, and the Plaintiff revoked the instant contract on this ground.

Therefore, the defendant is obligated to return to the plaintiff the above KRW 20 million which was already paid to the plaintiff as a result of the cancellation of the contract in this case, and to pay the contract deposit amount of KRW 20 million as compensation for damages.

In addition, while the Defendant is liable to pay KRW 40 million to the Plaintiff as above, the Plaintiff is obligated to pay the instant land and buildings KRW 20 million to the Plaintiff, KRW 20 million per month.