1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 30, 2013, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 420,000,000 (hereinafter “instant contract”) of the building to be newly constructed on the land owned by the Defendant, Seo-gu, Daegu-gu (hereinafter “instant land”) and the building to be constructed on the said ground (hereinafter “instant building”). The main content of the instant contract is as follows.

Sales proceeds: 420,000,000 - Contract deposit 40,000,000 (10,000,000 out of contract payments) - part payments of KRW 200,000,000 on December 31, 2013 - Payment of KRW 200,000 on January 20, 2014 - Any balance remaining after completion inspection shall be determined by mutual agreement.

- Perusal of a certified copy of the register - The seller shall construct a new building (design drawing standards) with the buyer. - The water number of water shall be set standards, and the windows shall be drawn on with the buyer.

- The value-added tax on a building should be separately imposed.

(b) the purchaser shall bear the expenses.

On December 30, 2013, the Plaintiff paid KRW 70,000,000 to the Defendant, including KRW 30,000,000,000, the remainder of the down payment on December 31, 2013, and KRW 30,00,000, which is a part of the intermediate payment on January 23, 2014.

C. The Defendant newly constructed the instant building and obtained approval for use on April 1, 2014, and completed registration of ownership preservation in the name of the Defendant on April 14, 2014, and the Plaintiff is currently occupying and using the instant building upon delivery from the Defendant.

On April 21, 2014, the Defendant urged the Plaintiff to pay the remainder of the sales price and presented a peremptory notice to the effect that the instant contract will be rescinded if not performed. ② On September 4, 2014, the Defendant kept documents necessary for the transfer of ownership of the instant land and buildings (hereinafter collectively referred to as “instant real estate”) in the certified judicial scrivener office, and urged the Plaintiff to pay the remainder of the sales price and pay it within two weeks after the receipt of the written notice, and the registration of ownership transfer for the instant real estate.