1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is an executor of a business that newly constructs and sells a 7th underground floor and a 664-household 18th floor above the ground (hereinafter “the instant officetel”) on the land of Silung-si.

B. E, F, and G (hereinafter “instant contractor”) entered into a sales contract with the Defendant with respect to some of the instant households, as indicated in the attached Form sales contract list, including the following (hereinafter “instant sales contract”).

Article 10 (Cancellation of Contracts) (4) "B" may be rescinded in January 2018 if it is impossible to move into within three months from the scheduled date of occupancy due to the reasons attributable to A "B".

(Provided, That if the occupancy is delayed due to force majeure, such as an administrative order, which is unrelated to the cause attributable to A, a natural disaster, or an administrative order, etc., which is not related to the cause attributable to B, the “B” shall not be required to cancel the contract. Article 11 (Penalty and Refund) (2) When the contract is terminated due to a cause falling under Article 10(4), the “A” shall be paid to “B” as a penalty.

C. The instant contractor paid the down payment and intermediate payment to the Defendant in accordance with the instant sales contract.

On January 30, 2018, the Defendant sent to buyers a notice to the effect that “the construction was delayed due to changes in the design of civil engineering facilities and the strike of ready-mixed vehicles, and the construction was delayed on January 2018.”

E. On May 24, 2018, the Defendant: (a) set the occupancy period from June 29, 2018 to August 28, 2018, sent a notice to occupants regarding the occupancy procedure; and (b) filed an application for approval for the use of the instant officetel on June 8, 2018; and (c) granted the approval for the use from the Si interest market on June 29, 2018.