1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. 1) On June 12, 2002, the Plaintiff and the Defendant purchase from the Defendant the purchase price of KRW 651.4 square meters for the land for neighborhood living facilities in Seosan-si, the land for the development and improvement of marginal farmland in the acceptance zone, at KRW 81,425,00, and the Defendant shall pay to the Defendant an amount calculated by adding 5% interest per annum to the above purchase price (from June 10, 2003 to June 10, 201) in equal installments for ten years (hereinafter “instant purchase contract”).

(2) On the other hand, the Plaintiff and the Defendant have entered into a contract with respect to the payment of the price for the instant sales contract and the special terms and conditions on the cancellation of the contract are as follows.

B. After the conclusion of the instant sales contract, the Defendant sent a notice of “pre-announcement of cancellation of the sales contract” to demand that the Plaintiff pay the purchase price of KRW 42,132,390, which was not paid until October 15, 2013, following the Plaintiff’s failure to pay the purchase price after June 14, 2007. On October 22, 2013, the instant sales contract was terminated on October 22, 2013 because the Plaintiff did not pay the purchase price. Accordingly, the contract deposit of the amount that the Plaintiff paid to the Plaintiff is attributed to the Defendant as penalty. The Defendant sent notice of cancellation of the sales contract stating that the Plaintiff’s agreement with the Plaintiff (applicable to the rate of interest rate of KRW 0.10), 428,551, 528,401, and the sum of the amount already paid, and that the agreement with the Plaintiff would return KRW 52,459,88,01.

C. After that, on November 4, 2013, the Defendant deposited KRW 52,88,401 as the Daejeon District Court No. 6218, the said KRW 52,88,401 with the Plaintiff as the principal deposit.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap 1-4 evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff failed to pay the purchase price pursuant to the instant sales contract.

Even if the defendant sent the notice of cancellation to the plaintiff, and the notice is given.