1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 15, 2016, the Defendant owned three houses newly constructed on the instant land in Gangseo-si, Seoul Special Metropolitan City (hereinafter “instant land”) and three houses. On September 15, 2016, the Defendant leased one house on the instant land to the Plaintiff at KRW 15 million.

B. On November 21, 2016, the Plaintiff concluded a contract with the Defendant to purchase the instant land and three houses on the instant land owned by the Defendant for KRW 98 million, with the intent to purchase the instant land and three houses on the instant land as follows.

(hereinafter “instant sales contract”). Article 2 (Sale Price) ① The sales price shall be KRW 98 million, and the down payment shall be KRW 35 million at the time of conclusion of the contract; and the down payment shall be paid KRW 63 million on January 20, 2017. ③ The details of the down payment under paragraph (1) shall be KRW 15 million for the Plaintiff’s lease deposit and KRW 10 million for the lease deposit and KRW 15 million for the lease contract under the already concluded contract.

Before the remainder payment under Article 7 (Cancellation of Contract) (2) The plaintiff may waive the down payment, and the defendant may refund the down payment and rescind the contract.

Article 8 (Penalty) When the defendant has entered into a contract, it shall be given twice the down payment to the plaintiff, and when the plaintiff has entered into this contract, the down payment shall be reverted to the defendant and the late payment shall not be claimed.

C. On November 21, 2016, the Plaintiff paid 10 million won as down payment to the Defendant.

After the conclusion of the instant sales contract, it was found that the number of two bonds on the instant land is different from the lot number of land, and that one bond is an unauthorized building.

E. On January 25, 2017, the Plaintiff: (a) was unable to file a transfer registration with the Defendant by January 20, 2017, on the grounds that the number of housing units on the instant land was different and that the building was unregistered; (b) the instant sales contract was asserted to be impossible due to the Defendant’s fault; and (c) revoked the instant sales contract; and (d) KRW 70,000,000,000 for down payment pursuant to Article 8 of the instant sales contract.