1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 14, 2013, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 4.25 million from the Defendant a sales price of KRW 4,250,000 (hereinafter “instant factory”). The Plaintiff concluded a sales contract to purchase the instant factory site B, 3501.7 square meters (hereinafter “instant land”) and its ground steel frame and sand site location panel roof factory 1,619.03 square meters, and 130.53 square meters on two floors (hereinafter “instant factory”).

B. At the time of the instant sales contract, the Plaintiff and the Defendant concluded a sales contract (excluding the amendment and provisional payment out of the evidence Nos. 3-2 and 5 of the evidence No. 3-5; hereinafter “the first sales contract”) with the Defendant: (a) KRW 425 million out of the total purchase price shall be paid at the time of the contract; (b) an intermediate payment of KRW 1.7 billion shall be paid on October 16, 2013; and (c) an remainder of KRW 2.125 million shall be paid on February 28, 2014; and (d) the Plaintiff paid the remainder of KRW 42,5 million to the Defendant on August 14, 2013 (hereinafter “the instant down payment”). However, the Plaintiff and the Defendant did not pay the intermediate payment to the Defendant even after the lapse of October 16, 2013; and (c) the Plaintiff and the Defendant did not pay the intermediate payment on October 16, 2014 in addition to the instant sales contract.

At the time of the conclusion of the instant sales contract, C (representative D, term of lease until February 28, 2014) and C&P Co., Ltd. (hereinafter “K&P”) were under use by leasing and using part of the instant factory under a lease contract with the Defendant at the time of the conclusion of the instant sales contract. At the end of the consultation with the Defendant, C was at the end of the consultation with the Defendant.