1. The plaintiff's claim is dismissed.

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

Facts of recognition

On December 3, 2014, the Plaintiff entered into a real estate sales contract (However, at the time of establishment of a juristic person, C, which was scheduled to become the representative director of the Plaintiff, purchased the land listed in the separate sheet (hereinafter “instant real estate”) with the Defendant, on December 3, 2014, purchased the land (hereinafter “instant real estate”) as indicated below (hereinafter “instant sales contract”).

Around that time, C, the representative director of the Plaintiff, transferred the down payment of KRW 125,00,000 to the Defendant from the account under C’s personal name.

Article 2 [Sale Price] The buyer is at the following intervals to the seller:

Sales amount: 1,878,300,000 Won: The sales contract amounting to KRW 125,000,000 is stated in KRW 115,00,000, but there is no dispute between the original Defendant as to the fact that the contract is a clerical error.

The first intermediate payment to be paid at the time of a contract: The balance for repayment settlement of a national bank in the amount of KRW 1,100,000: Article 3 [Transfer and Delivery of Ownership] of the date of completion of 664,30,000 and 15 parcels

1. Where a seller receives any balance, he/she shall deliver all documents required for the registration of transfer of ownership to the buyer and deliver such real estate;

Provided, That the same shall apply to cases where the seller and the buyer are separately determined as provided in paragraph 2.

2. The date of transferring real estate: Article 6 (Cancellation of Contracts) at the time of payment of part payments;

1. Before the buyer pays the intermediate payment to the seller (where no intermediate payment is determined, before the intermediate payment is made), the seller may cancel the contract by giving two times the down payment to the buyer, and the buyer may waive the down payment and cancel it;

2. Where the seller or the purchaser has failed to perform the obligation under this contract, the other party may rescind this contract after urging the party who has failed to perform the obligation to perform the obligation;

In such cases, a party who fails to perform his/her obligation shall compensate the other party for any damage incurred thereby.