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 April 23, 2015, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 225 square meters and KRW 255 square meters in the amount of KRW 330 million in the amount, and paid the down payment of KRW 330 million on the day of the purchase, and paid the remainder KRW 297 million in the amount of KRW 297 million on June 30, 2015.

(hereinafter “instant sales contract”). B.

The Plaintiff and the Defendant set the following terms as the special terms of the instant sales contract:

1. Any building located on the ground among the above parcel numbers shall be removed before the remainder payment is made, and the cost of removal and the cost of arranging the site shall be included in the sale price;

2. Two cases of creating the right to collateral security (the maximum amount of 12 billion won, the amount of 1200 million won, and the amount of 120 million won) shall be terminated before the remainder payment is made.

3. In the above site, if the commercial building or the telecom will be newly constructed, and if no building permit has been granted, this contract shall become null and void, and the down payment shall be refunded to the purchaser without a mutual penalty.

4. Documents necessary for the application for a building permit shall be cooperate with the purchaser;

C. On June 9, 2015, the Plaintiff received an application for a construction permit of the scale of eight stories above ground from the Haan-Gun Office. The Haan-Gun ordered the order of correction to reduce the construction size and number of stories below four stories as it is impossible for the above area to grant a construction permit of the scale of eight stories above ground. The Plaintiff withdrawn the application for a construction permit on June 30, 2015.

In addition, the defendant alleged that the third clause of the contract of this case was fulfilled the condition of rescission of the contract of this case and demanded the defendant to return the down payment.

On August 2016, the Defendant obtained a building permit for accommodation facilities under the name of the Defendant’s wife on the ground among the instant site, and on August 10, 2016, sold the instant site to Nonparty E and sold it to Nonparty E on the same year.

9. 22. The registration of ownership transfer was completed.

E. On March 2017, the Plaintiff was unable to pay the remainder to the Defendant on the ground that it did not terminate the right to remove a ground building and the right to collateral security as stipulated in the special agreement by the due date for payment of the remainder, and sold the instant site to a third party.