1. All of the plaintiff's claims are dismissed.

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

Facts of recognition

On September 16, 2014, the Plaintiff leased a 4-story apartment building owned by the Plaintiff to the Defendants on June 2014, but on September 16, 2014, the Plaintiff stated that the sales amount of the above 2.73 billion won contract and its site (hereinafter collectively referred to as “instant real property”) is KRW 2.7 billion, but the actual sales amount is KRW 2.7 billion, and the actual sales amount is KRW 2.7 billion, which is stipulated in the special agreement (Evidence A No. 1-2) No. 3 and 8.

By October 31, 2014, the Plaintiff entered into a sales contract with the following terms: (a) the Plaintiff completed substantial repair works on the instant real estate and provided the Defendants with all facilities necessary for the business; (b) the intermediate payment, after the completion of the construction, was provided with a loan of KRW 2 billion from a bank; and (c) the remainder shall be paid within three years (hereinafter “the first sales contract”).

With respect to the down payment of KRW 450 million agreed upon in the first sale contract, the Defendants paid all the down payment of KRW 450 million to the Plaintiff by paying KRW 100 million on September 16, 2014, KRW 100 million on September 26, 2014, KRW 50 million on October 5, 2014.

On April 20, 2015, the Plaintiff, as the first sales contract, did not complete construction until October 31, 2014, which was agreed upon in the first sales contract, and set up a collateral security three hundred million won in the future of the maximum debt amount on December 19, 2014 to raise insufficient construction funds.

In such a situation, the Plaintiff and the Defendants drafted a sales contract with the purchase price of KRW 2.93 billion on April 20, 2015, in order to facilitate bank loans by withdrawing the purchase price, and agreed to transfer the business license certificate to the Defendants at the same time as the remainder receipt and adjust all defects until the transfer of ownership is registered.

(hereinafter “Secondary Sales Contract”) No. 3, 2015.