1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On October 21, 2014, the Plaintiff entered into a supply contract with the Defendants, a seller of buildings in units, with the supply amount of KRW 897,00,000,000, and the balcony extension amount of KRW 27,450,000 (hereinafter “instant contract”) as to “E apartment” (hereinafter “the instant apartment”) constructed in the Gangnam-gu Seoul Metropolitan Government D block, and paid the down payment of KRW 92,45,00 (=89,70,000,000) as the down payment.

B. Next, the fact that the Plaintiff obtained unjust winning of the instant apartment by means of disguised transfer was revealed through police investigation and the investigation by the Ministry of Land, Transport and Maritime Affairs. On October 29, 2015, the Defendants confirmed that the Plaintiff was a disturbance to housing supply order under Article 39(1) of the Housing Act, and thus, the cause for cancellation of contract under Article 4(1)6 of the instant contract occurred, and the Plaintiff’s reasonable explanation was not made, and the contract is terminated due to the lack of reasonable explanation, the down payment paid by the Plaintiff pursuant to Article 5(1) of the instant contract is attributed to the Defendants as penalty, and thereafter, on January 13, 2016, the instant contract was rescinded as of January 20, 2016 and notified the Defendants that the said down payment belongs to the Defendants.

Article 4 (Cancellation of Contract) (1) "A" may, when "B" (Plaintiff) commits any of the following acts, cancel this contract after peremptory notice, if not performed:

(1) Where an intermediate payment prescribed in Article 1 has not been paid within 14 days with a fixed grace period of not less than 14 days due to a failure to pay the intermediate payment continuously three times or more and the payment has not been made within three months from the agreed date.