1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 23, 2015, the Defendant obtained a construction permit from the Seopo-si, Seopo-si, Jeju Special Self-Governing Province and 2,293.07 square meters (i.e., a commercial area of 1,562.68 square meters and 730.39 square meters in a quasi-residential area of 1,562.68 square meters; hereinafter “instant business area”), the building area of 1,550 square meters, accommodation facilities for construction, building height of 25 meters ( underground1 floors and 9 floors on the ground).

B. On May 27, 2016, the Plaintiff concluded a sales contract with the Defendant for D Hotel E (hereinafter “instant building”) under construction on the ground in the instant business area as follows (hereinafter “instant sales contract”). Around that time, the Plaintiff paid KRW 18,387,370 to the Defendant as the down payment.

The scheduled date of occupancy: 183,873,70 won in aggregate of the supplied amounts and payment methods under Article 1 of March 2018 [the balance 73,549,480 won in installments) of the intermediate payment of KRW 18,387,370 [the intermediate payment of KRW 91,936,850 in five installments]] the contract rescission and penalty under Article 5 (3) of the contract rescission and penalty in any of the following cases:

When the contract is terminated pursuant to this subsection, the defendant shall pay 10% of the total supplied amount to the plaintiff as penalty.

1. Where the occupancy has been delayed for more than three months from the scheduled date of occupancy due to a cause attributable to the defendant, but where the occupancy is delayed due to force majeure such as natural disasters or administrative orders unrelated to the cause attributable to the defendant, the plaintiff may not demand the defendant to cancel the contract.

C. Meanwhile, on May 4, 2016, the Seogpopo City Mayor is the Special Act on Jeju (amended by Act No. 13660, Dec. 29, 2015; hereinafter referred to as the "Special Act on Jeju") against the Defendant on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City.

Comprehensive plans for the development of free international cities under Article 223 shall be referred to as "comprehensive plans";

In the case of Eup/Myeon urban planning zones belonging to the instant business area, the maximum height of buildings is about.