1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 29, 2015, the Defendant entered into a lease agreement with D and Dobong-gu Seoul Metropolitan Government E apartment 5 Dong 601 (hereinafter “instant apartment”), with the terms that KRW 300 million on the date of the contract, the intermediate payment of KRW 200 million on January 25, 2016, and the remainder of KRW 97 million on February 15, 2016 (hereinafter “instant lease agreement”), and received KRW 3 million from D.

B. On December 30, 2015, the Plaintiff entered into a sales contract with the Defendant to pay 340 million won on the date of the contract and to pay the remainder 36 million won on February 15, 2016 (hereinafter “instant sales contract”), and entered into an agreement or special agreement as follows.

Article 3 (Extinction of Restricted Real Rights, etc.) In the event that any reason exists to restrict the exercise of ownership, such as mortgage, superficies and leases, established on the apartment of this case, or there is any unpaid amount of taxes and other charges, the seller shall remove defects and burdens of such rights and transfer full ownership to the buyer by the date of the balance payment: Provided, That the same shall not apply to the rights and amount agreed

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of the contract, and there is no separate agreement on damages.