1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On March 27, 2012, C Co., Ltd. (hereinafter “C”) concluded a sales contract (hereinafter “instant sales contract”) with the Defendant with the following terms as to the Kuyang-gu D apartment E (hereinafter “instant apartment”) constructed by the Plaintiff.

Article 2 (Cancellation of Contract) (1) A (C) Where the Defendant (Defendant) commits any of the following acts, he/she may cancel this contract if he/she fails to perform the contract after peremptory notice:

When the contract is terminated due to reasons attributable to the subparagraphs of Article 3 (Penalties) (1) through Article 2 (2) and other provisions of Article 2 (1) and Article 2 (2), when the contract is terminated due to the reasons attributable to the above subparagraphs, 10% of the total amount of the supply price shall be reverted to the penalty for breach of contract.

If the trust contract is terminated due to the termination of trust between Gap and Jung (F) after the date of approval for the use of this building, the rights and obligations of Eul shall be succeeded to the comprehensive succession to Jung, and all rights and obligations of Eul shall be succeeded to the comprehensive succession to Jung without any separate measure, such as the modification of this contract.

B. The Defendant paid 30,000,000 won to the Plaintiff as the down payment under the instant sales contract.

C. As the trust agreement on the instant apartment between F and C ends on June 30, 2014, F Co., Ltd. succeeded to all the rights and obligations regarding the said apartment.

F Co., Ltd. failed to pay the construction cost to the Plaintiff, a contractor of the instant apartment, and transferred all rights and obligations related to the instant apartment on July 1, 2014 to the Plaintiff.

The defendant did not pay the remainder of the intermediate payment except the down payment, and the plaintiff, on March 15, 2013, Articles 2 and 3 of the instant sales contract to the defendant.