1. The plaintiff's claim is dismissed.

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

1. On September 23, 2013, the Plaintiff asserted the cause of the claim entered into a contract with the Defendant to purchase the Seoul Jongno-gu Seoul Housing Site and ground buildings owned by the Defendant with the price of KRW 1.38 billion (hereinafter “instant sales contract”), and the intermediate payment of KRW 70 million on the day, the intermediate payment of KRW 1.20 million on October 4, 2013, and the remainder of KRW 1.21 billion on November 22, 2013. The Plaintiff paid the intermediate payment of KRW 170 million until the intermediate payment, but was deferred as a price for delay due to the failure to pay any balance, but was not paid any balance until February 28, 2014.

Accordingly, the Defendant cancelled the contract on the grounds of the Plaintiff’s failure to pay the remainder, and deposited KRW 100 million as the refund of the purchase price on March 26, 2014.

Upon cancelling a contract, the Defendant is obligated to return the entire amount received as the purchase price, and thus, the Defendant is obligated to return to the Plaintiff the remainder of KRW 80 million calculated by subtracting KRW 100 million deposited in the purchase price amount of KRW 180 million. However, in consideration of the failure of the Plaintiff to perform the instant contract, only KRW 50 million shall be claimed by the Plaintiff.

2. According to the evidence Nos. 1 and 4 of the sales contract of this case, if there is a contractual breach under Article 6 of the sales contract of this case, the other party may demand the defaulted person to perform the contract in writing and rescind this contract. The other party may claim damages against the defaulted person. Barring any separate agreement, the plaintiff and the defendant shall be deemed as the basis for compensation for damages. The plaintiff and the defendant agreed on the deferment of the remainder date that the plaintiff shall pay to the defendant the amount of KRW 10 million converted to the interest rate by the due date of the remainder. If the plaintiff did not pay the remainder by the due date, the plaintiff shall waive the down payment and shall not raise any objection to the remainder.