1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 23, 2018, C, the representative director of the Plaintiff, entered into a sales contract with the Defendant on the share of 3272/6535 square meters among 6,535 square meters of forests and fields D, Ansan-si, and 115/570 square meters of E-road 170 square meters (hereinafter “each of the instant real estate”), setting the sales price as 300 million won.

(hereinafter “Prior Sales Contract”). C paid 50 million won to the Defendant on February 23, 2018.

B. C and the Defendant established a legal entity and agreed to conclude a sales contract again with the said legal entity as the purchaser. On February 27, 2018, C and the Defendant returned the down payment of KRW 50 million from the Defendant, thereby establishing the Plaintiff on March 2, 2018.

On March 19, 2018, the Plaintiff concluded a sales contract again with the Defendant with regard to each of the instant real estate as the purchase price of 500 million won (payment of 50 million won on March 22, 2018, the intermediate payment of 30 million won on May 23, 2018, and the remainder of 420 million won on July 23, 2018).

(hereinafter “instant sales contract”. However, after completing civil engineering works, such as site suspension works and reinforced soil retaining walls, the Defendant obtained permission to engage in development activities, and subsequently delivered each of the instant real estate to the Plaintiff.

On March 22, 2018, the Plaintiff paid the down payment of KRW 50 million to the Defendant.

C. On April 25, 2018, the Defendant returned KRW 50 million to the Plaintiff as the instant sales contract amount.

On April 30, 2018, the Defendant sent to the Plaintiff a certificate of content that “the Defendant unilaterally cancelled the instant sales contract without consultation with the Plaintiff, and returned down payment of KRW 50 million, which appears to have been exercised the right to voluntarily rescind the instant sales contract, and thus, the Defendant is obliged to pay KRW 100 million equivalent to the double payment of the down payment pursuant to Article 565(1) of the Civil Act, and thus, the Plaintiff is obliged to pay the remainder of KRW 50 million to the Plaintiff by May 4, 2018.”

[Ground of recognition] A.