1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

1. The reasons for the admitting the judgment of the court of first instance are as stated in the corresponding part of the judgment of the court of first instance, in addition to adding the judgment on the argument of the plaintiff and the defendant in the court of second instance as stated in Article 420 of the Civil Procedure Act.

2. Additional determination

A. As to the Plaintiff’s assertion, the Plaintiff: (a) did not have subparagraph 11 of the terms of the instant sales contract; and (b) the Defendant, on October 5, 2016, as the date of the intermediate payment, concluded that the Plaintiff would comply with the terms of the instant sales contract; and (c) comprehensively takes into account the circumstances where Article 6 of the instant sales contract remains, the terms and conditions of the instant sales contract are in existence; (d) Subparag. 11 of the terms and conditions of the instant sales contract are null and void in cases where the buyer did not pay the intermediate payment to the seller by October 5, 2016; and (e) the buyer does not return the down payment that was paid by the buyer to the buyer; and (e) the buyer does not have to pay the intermediate payment to the seller by October 5, 2016, the provisions of Article 6 of the instant sales contract should be applied instead of subparagraph 11 of the terms and conditions of the instant sales contract.

However, since subparagraph 11 of the Clause of the instant sales contract provides that, until October 5, 2016, the contract shall be null and void if the intermediate payment is not deposited in 800,000,000 of the Won 80,000,000, the contract shall not be interpreted as null and void if the payment is not made by October 5, 2016.

Therefore, the plaintiff's above assertion is without merit.

2. The Plaintiff paid only part of the intermediate payment, and performed an incomplete obligation to pay the sales contract of this case, thereby delaying the payment.

Even if the plaintiff does not perform his/her obligation as the purchaser.