1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On July 15, 2013, the Plaintiff entered into a contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and drafted a sales contract stating the following.

1) Sales proceeds: KRW 155 million (a contract deposit of KRW 40 million shall be paid at the time of the contract and any balance of KRW 115 million shall be paid on August 28, 2013.

2) If the seller or the purchaser has failed to comply with the terms and conditions of this Agreement, the other party may give written notice to the person who has failed to comply and rescind the contract.

In addition, the parties to the contract may claim damages following the cancellation respectively to the other party, and unless otherwise agreed, the down payment shall be paid in the amount of damages (Article 6. 3) after deducting 5 million won at the remaining time of the remainder (Article 6. 3). The total purchase price shall be KRW 150 million at KRW 74 million at the remaining time.

B. On July 15, 2013, the Plaintiff paid a down payment of KRW 40 million to the Defendant according to the instant sales contract.

C. On August 28, 2013, the remaining payment date, the Plaintiff prepared a balance of KRW 110 million, and demanded the Defendant to submit documents necessary for the registration of transfer of ownership. However, the Defendant concluded that the Plaintiff will receive the said balance from the Plaintiff and will execute the registration of transfer of ownership after preparing a multilateral contract in which the purchase price is KRW 74 million.

Accordingly, on August 28, 2013, the Plaintiff refused the Defendant’s request for the preparation of the instant contract, and sent to the Defendant a certificate of the content that the instant contract will be terminated on the grounds attributable to the Defendant. In other words, on August 30, 2013, the Plaintiff notified the Defendant of the fact that the instant contract will be rescinded due to the reasons attributable to the Defendant, as of September 6, 2013, where the Defendant delays performance without receiving any balance by September 6, 2013.