1. The plaintiff's claim is dismissed.

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

1. Determination as to claims following the cancellation of a sales contract

A. 1) On December 18, 2014, the Plaintiff: (a) on December 18, 2014, 12 parcels of real estate indicated in the attached Table 12, including Defendant Foundation and Hanam-si, B (hereinafter “instant land”).

(2) The purchase price of KRW 1.5 billion shall be purchased, and the down payment of KRW 150 million shall be paid on the date of the contract, and the remainder KRW 1.350 million shall be paid on February 26, 2015 to the Defendant Foundation at the same time as the receipt of documents necessary for the registration of transfer of ownership from the Defendant Foundation on February 26, 2015 (hereinafter “instant sales contract”).

After the conclusion of the contract, the Defendant Foundation paid the down payment of KRW 150 million to the Defendant Foundation on the same day. 2) On March 9, 2015, the Defendant Foundation concluded a contract with C on March 9, 2015 for a total of 13 lots of land, including KRW 1.35 million from C on March 11, 2015, and completed the registration of ownership transfer with respect to the instant land and the said D land.

3) Article 9(1) of the instant sales contract provides that where the instant sales contract is terminated due to a cause attributable to the Defendant Foundation, the Defendant Foundation shall pay the Plaintiff a penalty equivalent to an amount double of the down payment, and where the instant sales contract is terminated due to the Plaintiff’s cause attributable to the Plaintiff, the down payment paid by the Plaintiff shall be reverted to the Defendant Foundation. [Grounds for Recognition] In the absence of dispute, Party A’s evidence 1, 2, and 3 (including serial numbers

- Each entry of evidence Nos. 3 and 7 and the purport of the whole pleadings

B. According to the facts found in the judgment on the claim for the amount of down payment, the Defendant Foundation completed the registration of ownership transfer for the instant land to C, thereby making it impossible to perform the obligation to transfer ownership of the Defendant Foundation pursuant to the instant sales contract. Meanwhile, the instant sales contract is concluded by delivering a copy of the instant complaint containing the Plaintiff’s declaration of intent to rescind the contract, or by serving a preparatory document dated November 28, 2016.