1. The plaintiff's claim is dismissed.

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

The Plaintiff, on October 14, 2014, newly constructed a steel panel structure factory (hereinafter “instant factory”) with respect to the 1,711 square meters of land in the 3,055 square meters (hereinafter “the entire land of this case”) owned by the Defendant for the land of this case, the Plaintiff transferred the ownership of the instant land and the factory to the Plaintiff, and the sales price shall be KRW 672 million; the down payment shall be KRW 70 million; the intermediate payment shall be KRW 17,000,000,000,000,000,000,000,000,000,000,000, and the intermediate payment shall be paid on the date of the completion of the factory (hereinafter “the instant sales contract”).

Accordingly, the Plaintiff paid the Defendant the sum of KRW 10 million on October 17, 2014, and KRW 70 million on October 22, 2014 as down payment.

At the time of the instant sales contract, on June 27, 2014, with respect to the entire land of the instant case, the right to collateral security, which is the maximum debt amount of KRW 650 million and KRW 60 million, was established on July 8, 2014, as well as the right to collateral security, which is the maximum debt amount of KRW 235 million, and KRW 935 million, including the right to collateral security, which is the maximum debt amount of KRW 235 million, was established on July 8, 2014. On July 17, 2014, the seizure registration of the right to collateral security was completed on the grounds of the nonperformance of national taxes.

The contents of the instant sales contract include “The principle of cancellation to ensure that limited real rights (e.g., seizure, mortgage) are no problem at the time of transfer of ownership,” and in the description of confirmation of the object of brokerage, three details of the above seizure and mortgage are stated in the form of relationship of rights.

On January 12, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant sales contract is terminated without any separate notice, unless the Plaintiff starts up by January 18, 2015. At that time, the said content-certified mail sent to the Defendant.

On January 14, 2015, the defendant did not pay an intermediate payment of KRW 100 million to the plaintiff.