1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 28, 2016, the Plaintiff entered into a sales contract with the Defendant with the content that the Plaintiff purchases from the Defendant the E-building F of Gangseo-gu Seoul Metropolitan Government C and D (hereinafter “instant real estate”) for KRW 210,000,000, and that the down payment of KRW 40,000,000, the remainder KRW 170,000,000, when entering into the contract, shall each be paid in January 28, 2016.

(hereinafter “instant sales contract”). Article 2: (a) The seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser at the same time with the receipt of the balance of the purchase price; and (b) cooperate with the registration procedure; and (c) the delivery date of the said real estate is February 29, 20

Article 5 Until the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

A special agreement can be loaned due to the event situation or the plaintiff's credit condition.

Some of the balance ( nex 140,000,000) shall be replaced by bank loans.

The full amount of the down payment shall be refunded at the time the loan has not occurred.

B. The Plaintiff paid the Defendant the down payment of KRW 40,000,000 on the day of the above contract.

C. However, as a result of a financial institution’s loan examination, a loan exceeding KRW 130,00 has not been made to the Plaintiff, and the Plaintiff failed to pay the remainder to the Defendant by the payment date of the remainder, and thereafter, the Defendant on June 30, 2017 when the Defendant had delayed the payment date of the remainder at the Plaintiff’s request on several occasions.