1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim against the defendants is dismissed in entirety.

2...

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor of the business of newly constructing and selling F factory buildings (hereinafter “instant factory buildings”) which are apartment-type factories of the size of E units in Seo-gu Incheon, Seo-gu, Incheon.

Defendant B (hereinafter referred to as “Defendant B”) is a company that performs the said sale business by concluding a contract under which Defendant C and Defendant C are entrusted with the sale of new factories, fund management, and administrative affairs by proxy.

B. On August 13, 2015, on August 13, 2015, the Plaintiff entered into a contract with Defendant B and Defendant B to purchase G and H among the instant factory buildings (hereinafter “instant sales contract”); G-sale price of KRW 1,142,787,600; and H-sale price of KRW 720,216,90; and the scheduled occupancy date of December 2016.

(2) Of the sale price, KRW 57,139,380 of the sale price, and KRW 36,010,845 of the contract deposit under G-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-

(3) The main contents of the sales contract are as follows.

Article 2 (Cancellation of Contracts) (3) Where the plaintiff is unable to move into within three months from the scheduled date of move into due to a cause attributable to the defendant B, the contract may be rescinded if the contract is not implemented after setting a grace period of not less than 14 days to the defendant B.

Article 3 (Penalties) (2) When this contract is terminated for reasons falling under Article 2 (3), Defendant B shall pay to the Plaintiff 5% of the purchase price as penalty.