1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 18, 2016, the Plaintiff and the Defendant: (a) concluded a sales contract for the purchase price of KRW 1,450,000 for the land and the building on the land (hereinafter “instant real estate”); (b) KRW 1,50,000 for the contract date; (c) KRW 1,50,000 for the intermediate payment of KRW 40,000 on the contract date; and (d) the intermediate payment of KRW 400,000 for the remainder of KRW 90,00 on April 18, 2016; and (c) agreed that the removal or surrender of the present tenant on June 28, 2016 as a special agreement would be possible within three months, and accordingly, the agreement was concluded to adjust the balance payment date.

(hereinafter referred to as the “instant special agreement”). B.

Pursuant to the instant sales contract, the Plaintiff: (a) on March 18, 2016, KRW 150,000,000 for down payment; and (b) on April 6, 2016 and the same year to the Defendant.

4.7. A total of KRW 400 million was paid.

C. On June 29, 2016, the Plaintiff sent to the Defendant, on June 28, 2016, a content-certified mail stating the cancellation of the instant sales contract on the grounds that the Defendant was not at the real estate agent’s office on June 28, 2016, which was the date of the remainder payment of the Plaintiff’s remainder, and failed to pay the remainder, and that the Defendant did not perform its duty to deliver and transfer ownership

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 11, the purport of the whole pleadings

2. Determination as to the cause of action

A. In accordance with the terms and conditions of the instant special agreement, the Defendant asserted that the Plaintiff left the tenants by June 28, 2016, and did not specify the instant real estate, and did not prepare documents necessary for the registration of transfer of ownership of the instant real estate. The Plaintiff notified the Defendant of his/her intention to cancel the instant sales contract on June 29, 2016.

After that, the Defendant unilaterally agreed to complete the transfer of tenants by July 12, 2016, but did not perform the above obligations until then, and thus, the Plaintiff passed on July 12, 2016.