1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On May 16, 2008, the Defendant concluded a sales contract with the Plaintiff to purchase each of the instant real estate at KRW 23.12 billion from the Plaintiff (hereinafter “instant sales contract”) to carry out a complex facility construction project within B including each of the instant real estate, and agreed to invalidate the instant sales contract without returning the down payment in May 31, 2008, when the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to purchase the instant real estate at KRW 2.312 billion from the Plaintiff, and the first intermediate payment in KRW 6.93,36 million from the first intermediate payment in September 10, 2008, and the second intermediate payment in KRW 9.24,48 million from the date of completion of project approval for the completion of project implementation, and the Defendant’s failure to perform the obligation to pay the down payment in the first intermediate payment in the event of failure to perform the obligation to pay the down payment in the future.

C. On May 31, 2008, the Defendant paid the down payment of KRW 2.31 billion to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 to 4, and 4 of evidence Nos. 2, the purport of the whole pleadings

2. Summary and judgment of the parties

A. According to the instant sales contract, the Plaintiff’s summary of the parties’ assertion is seeking payment of the first intermediate payment of KRW 6.933 billion against the Defendant and damages for delay from September 11, 2008, which is the day following the relevant payment date.

In this regard, the Defendant: (a) rescinded the instant sales contract on the ground that the Plaintiff did not fulfill the Defendant’s obligation to pay the first intermediate payment; or (b) concluded a special agreement that the instant sales contract is automatically rescinded in the event that the first intermediate payment is not paid by the due date; and (c) accordingly, the Defendant’s obligation to pay the first intermediate payment was extinguished.

B. At the first sale contract, the buyer has agreed on the intermediate payment.