1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

1. Basic facts

A. On March 9, 2015, the Plaintiff entered into a sales contract with the Defendant on the following conditions (hereinafter collectively referred to as “instant real estate sales contract”) with the Seoul Dongdaemun-gu Seoul, C, and D land, and with the said land B and D, to sell the three floors of the steel dub roof and the 1st floor of the business facilities, 659.14 square meters, 636.64 square meters, 3 floors, 471.04 square meters ( collectively referred to as “the instant real estate”).

The purchase price of KRW 5,796,00,000 - the down payment of KRW 200,000 at the time of a contract - the intermediate payment of KRW 15,000,000,000 among these payments of KRW 15,000,000 shall be paid on April 30, 2015, and the remainder of KRW 1,100,000 shall be paid on (public space) - the remainder of KRW 4,096,000,000 shall be paid on October 15, 2015 - the remainder of the special agreement to be paid on the balance of KRW 4,096,00,000 shall be determined under mutual agreement.

- The intermediate payment shall proceed with a bank loan by the plaintiff, and the defendant shall bear interest.

B. According to the instant sales contract, the Defendant paid part of the down payment and intermediate payment by April 28, 2015. Accordingly, the Plaintiff transferred part of the share on the part of the land of the instant real estate to the Defendant for the construction permit, etc. on May 6, 2015. However, the Plaintiff failed to transfer the food factory operated on the instant real estate to the Plaintiff’s factory located in Ycheon-si at the time of the conclusion of the instant sales contract, even though the Plaintiff should transfer the food factory operated on the instant real estate to the Plaintiff’s factory at Ycheon-si, it was impossible to transfer the food factory due to the delay of the said extension. The Defendant did not perform the additional obligations by October 15, 2015, since the remainder payment under the instant sales contract was delayed, and the Defendant did not perform

C. During that process, the Defendant completed the payment of the remainder of the purchase price to the Plaintiff by May 19, 2016, and, in the process of acquiring ownership from the Plaintiff as to the remaining portion of the instant real estate excluding the part of the land that was first transferred, the date of preparation between the Plaintiff and the Plaintiff on May 19, 2016 is as follows.