1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 19, 2009, the Plaintiff entered into a sales contract with the Defendant for Kimpo-si B apartment 208 Dong 701 (hereinafter “instant apartment”) with the sales price of KRW 566,20,000, the Plaintiff agreed to pay the contract deposit of KRW 28,320,000 for the intermediate payment, KRW 56,620,000 for the intermediate payment, and KRW 56,620,000 for the remainder on four occasions each over four occasions (hereinafter “instant sales contract”), and paid the down payment on the same day (hereinafter “instant sales contract”).

B. On the same day, the Plaintiff entered into a contract with the Defendant with the total cost of KRW 12,727,00,00 in total, and agreed to pay the down payment of KRW 2,545,40 in contract deposit, and the remainder of KRW 10,181,60 in remainder on the date of designation of occupancy (hereinafter “instant options contract”), and paid the down payment on the same day.

C. After paying the down payment, the Plaintiff did not pay the intermediate payment for the instant sales contract, and did not pay the remainder of the instant sales contract and options contract by March 31, 201, which is the date of designation of occupancy.

Accordingly, on November 16, 2012, the Defendant sent to the Plaintiff a certificate of intent to cancel the sales contract if the Defendant did not pay any balance by November 30, 2012, and reached the Plaintiff at that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, 2, 3-1 to 3, the purport of the whole pleadings

2. Determination

A. In the process of selling the instant apartment, the Defendant asserted that the Defendant opened the Kimpo Urban Railroad without confirming the basic plan or business plan thereof, and made a false and exaggerated advertisement as if Kimpo Urban Railroad will be completed immediately in front of the instant apartment complex, and as such, there was an unlawful act of not notifying the Plaintiff of such uncertain status, the Defendant is liable to return the down payment and the costs of expanding the balcony that it paid to the Plaintiff as unjust enrichment.

(b).