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

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

1. Basic facts

A. On May 4, 2015, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the sales price of KRW 279,767,400 (including value-added tax) with respect to the instant officetel D in Daegu-gu Officetel (hereinafter “instant officetel”).

B. The main parts of the instant sales contract are as follows.

Article 2 (Cancellation of Contracts)

3. Where the occupancy date has been delayed for more than three months from the original scheduled date due to a cause attributable to a seller, or where it becomes impossible to perform a seller's contract during a contract period, the buyer may rescind this contract;

Article 3 (Penalties)

2. Where this contract has been terminated for reasons falling under Article 2 (3), the seller shall pay 10% of the supplied amount to the buyer as penalty.

Article 5 (Scheduled Date of Occupancy)

1. The scheduled occupancy date is scheduled on November 2016, but the accurate occupancy designation period shall be determined to later notify the buyer, such as the date of payment of the balance;

2. The scheduled date of occupancy of the building for sale in lots may be reduced according to the result of the progress of the project, and any balance shall be paid during the period designated for occupancy separately notified;

C. After paying the Defendant the down payment of KRW 27,976,740 on the date of concluding the instant sales contract, the Plaintiff paid KRW 139,883,70 in total to the Defendant as the intermediate payment of KRW 167,860,440.

Although the Defendant set the scheduled date of occupancy at the time of the instant contract for sale in lots on November 2016, the Plaintiff and the Defendant agreed to extend the scheduled date of occupancy to June 30, 2017 as the construction was delayed than the original plan on November 30, 2015, to extend the scheduled date of occupancy on June 30, 2017, and to extend the scheduled date of occupancy on November 30, 2017 thereafter on December 30, 2016, and to extend the scheduled date of occupancy to May 30, 2018.

E. The Defendant completed the construction of the instant officetel and obtained approval for use on January 30, 2019, and thereafter, the period of designation of occupancy to the Plaintiff around that time.