1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 22, 2013, the Plaintiff, from the Defendant, purchased the instant sales contract (hereinafter “instant sales contract”) with the purchase price of KRW 535,60,000 (the contract amount of KRW 50,000,000, intermediate payment of KRW 250,000,000, and the remainder of KRW 235,60,000).

2. The existing old-style house (59.60 square meters) is now destroyed or lost, the seller constructed the new building, and the seller delivers the new building to the buyer after completing the responsibility of the seller, and the existing building shall be destroyed at the time of completion of the new building.

3. All expenses following the completion of a building shall be borne by the seller.

4. The remainder shall be paid when it is possible to transfer ownership after the construction of the existing building is completed.

7.To open roads to ensure that they can pass through D.

B. The terms and conditions of the instant sales contract are as follows.

C. On February 25, 2013, the Plaintiff paid KRW 55,000,000 to the Defendant with the purchase price under the instant sales contract, KRW 40,000,000 on May 15, 2013, and KRW 295,00,000 on May 23, 2013.

On June 25, 2014, the Plaintiff agreed to transfer the remainder after obtaining completion within at least two to three months from the date of the contract at the time of the conclusion of the instant sales contract, and to pay the remainder simultaneously with the registration of completion. However, the Plaintiff violated the contract by failing to obtain permission for completion even after 15 months have passed since the conclusion of the sales contract. By June 31, 2014, the Plaintiff notified the Defendant that “The Plaintiff shall perform an agreement under the instant sales contract and return the total amount of the down payment to July 31, 2014.”

E. The Defendant obtained approval for the use of a new building on June 29, 2015, and notified the Plaintiff on June 30, 2015 of the completion of the construction of the building and the cooperation prior to the registration thereof. On July 9, 2015, the Defendant made registration of the preservation of ownership on the new building on July 9, 2015.

【Ground of recognition】An absence of dispute, Gap’s 1 through 6 evidence, Eul’s 7 and 8 evidence, the purport of the whole pleadings

2. The summary of the parties’ arguments.