1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 10, 2010, the Plaintiff entered into a contract with the Defendant to purchase the Dongjak-gu Seoul Metropolitan Government apartment 103 Dong 703 (hereinafter “instant apartment”) with the purchase price of KRW 639 million (hereinafter “instant sales contract”).

B. After that, the Plaintiff paid KRW 447,300,000 to the Defendant out of the sales price, and received notification from the Defendant that “the balance to be paid by the Plaintiff is KRW 190,374,984,00 as a result of the settlement of the payment of delayed compensation, interest, and balcony at KRW 19,170,000,000.”

C. On October 30, 2013, on the instant apartment, the provisional attachment registration was completed on October 30, 2013, for which the claim for construction cost was made as a claim claim (hereinafter “registration of provisional attachment”).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3, and 6 evidence, purport of the whole pleadings

2. The plaintiff's assertion

A. On November 22, 2013, the Plaintiff participated in a check with a face value of KRW 190,374,984 at par value, and found the Defendant’s office to provide the Defendant’s remainder to the head of the partnership, and requested documents necessary for the cancellation of the provisional attachment registration and the transfer of ownership, but did not receive such documents.

B. On November 25, 2013, the Plaintiff notified the Defendant that the instant sales contract will be automatically cancelled if the Plaintiff did not cancel the registration of provisional seizure and deliver documents necessary for the transfer of full ownership by no later than December 1, 2013, after withholding the payment of the remainder. However, the Defendant failed to comply with such notification.

C. Therefore, the instant sales contract was automatically cancelled due to the Defendant’s cause attributable to the end of December 1, 2013, and thus, the Defendant is obligated to pay to the Plaintiff the sum of KRW 51,200,000,000,000,000,000,000,000 for the payment of penalty equivalent to KRW 447,330,000 and KRW 100,000,000,000

3. Determination

(a) Gap evidence No. 1 is written.