1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Basic Facts

The Plaintiff is a company engaged in real estate development business, implementation, sale in lots, and sale agency business, and the Defendant was partially divided on July 24, 2015, and the area was changed to 170.28 square meters.

Of them, 72.2/243 shares (hereinafter “instant real estate”) were co-owners.

On April 27, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase and purchase the instant real estate on April 27, 2007, and agreed as follows.

Article 2 (Sale Price and Payment Time, etc.) The sale price shall be KRW 330,00,000 per square day ( KRW 15,000 per square day), the agreed amount shall be paid at the time of the contract, and the down payment of KRW 23,00,000 shall be paid at the time of the contract, and the down payment of KRW 23,00,000 out of the entire parcel shall be paid within 90% of the entire parcel and within 45 days after the contract is concluded, and the remainder shall be paid within 30 days after the business approval

Article 5 (Cancellation, etc. of Contracts)

1. “A (Defendant as Seller)” and “B (Plaintiff as a buyer)” may not cancel this contract after the conclusion of this contract.

Provided, That if it is impossible to achieve the purpose of the contract, such as natural disaster, business failure, etc., the contract shall be deemed automatically cancelled.

2. If it is deemed impracticable to implement a project due to the cancellation or authorization of a contract, the feasibility and other problems of the project in the course of running a project due to the impossibility of a project and the whole land contract, the agreed amount and the down payment which “B” has invested shall be immediately refunded.

The plaintiff's contract deposit agreed in the contract of 10,00,000 won on April 27, 2007 and 25,000,000 won on June 11, 2007, which is the contract date under the above contract of sale and purchase, was received as KRW 23,00,000 or KRW 25,000 between the defendant and the defendant, and all of the two parties dispute over the fact that the money is the contract deposit, and thus, it is judged as down payment below.

A total of KRW 35,00,000 was paid.

After that, the Plaintiff has difficulty in purchasing land of the real estate unit of this case and there is sale price.