1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a company engaged in the business of manufacturing metal windows and metal structures, and the Defendant is a company that owns the Gangseo-gu Busan Metropolitan City 1,653 square meters of land (hereinafter “instant land”).

B. On June 20, 2015, the Plaintiff: (a) purchased the instant land in KRW 1.2 billion from the Defendant because the factory site located in Gangseo-gu Busan Metropolitan City was expropriated and a new factory site was required; and (b) purchased the instant land in KRW 1.2 billion; (c) concluded a sales contract with the date of the contract, an intermediate payment of KRW 500 million on July 10, 2015, and the remainder of KRW 600 million on July 30, 2015 (hereinafter “instant sales contract”); and (d) paid KRW 100 million to the Defendant as the down payment on the date of the contract.

C. After the expiration of the payment deadline for the above intermediate payments and the remainder, the Plaintiff did not pay the intermediate payments and remainder to the Defendant, asserting the impossibility of constructing a manufacturing establishment and the existence of a collateral security right on the instant land. Accordingly, on August 12, 2015, the Defendant sent the content-certified mail to the effect that the instant sales contract was cancelled on the ground of the Plaintiff’s nonperformance of obligation, and around that time, the instant sales contract was rescinded upon arrival of the Plaintiff.

Meanwhile, Article 6 of the sales contract of this case provides that “Before the buyer pays the intermediate payment, the seller shall reimburse the down payment in an equal amount, and the buyer may waive the down payment and rescind this contract.” Article 7 of the sales contract of this case provides that “(i) In the event of default on the contract of the seller or the buyer on the part of the buyer, the other party may demand in writing the other party to perform the contract and rescind the contract. (ii) In the event of the rescission of the contract, the seller and the buyer may claim damages against the other party, unless otherwise agreed.”

[Ground of recognition] Unsatisfy, Gap evidence 1, 2.