1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 21, 2018, the Plaintiff entered into a contract with the Defendant to purchase Gwangju Mine-gu C and D land (hereinafter “instant sales contract”) with the purchase price of KRW 1 billion.

B. The sales contract of this case contains the following special agreements:

[Matters of this Special Agreement] The buyer of Article 5 (Cancellation of Contract) shall pay to the seller the sum of the down payment (if there is no advance payment, the balance) before the buyer pays the intermediate payment (the remainder), and the buyer may waive the down payment and cancel the contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim the other party to compensate for the loss caused by the cancellation of the contract.

[Attached Special Terms and Conditions]

1. It is a sales contract to be confirmed after an on-site inspection.

4. Recognizing each other from errors within 2 per cent of the area after the survey of this article, the increase or decrease shall be settled in cash in the event of an excess error exceeding 2 per cent.

However, whether this article is flooded shall be recognized.

5. Matters concerning future development, etc. of land shall be proceeded with under the responsibility of a buyer, but in the case of any matter requiring the cooperation of a seller, the seller shall cooperate with each other at the expense of the Do.

6. Ascertainment that the substance of the hybrid to this article is not legally binding, but is not false and fraudulent.

C. In the instant sales contract, the Plaintiff paid the down payment of KRW 100 million and the intermediate payment of KRW 200 million up to July 21, 2018, and paid the remainder of KRW 700 million up to August 21, 2018.

The Plaintiff paid both down payment and intermediate payment by July 27, 2018, but did not pay the remainder of KRW 700 million by August 21, 2018.

On September 7, 2018, the Defendant returned the intermediate payment of KRW 200 million to the Plaintiff.

[Reasons for Recognition]