1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 30, 2016, the Defendant’s notice of the public auction of the Defendant’s real estate and the conclusion of a real estate sales contract with the Plaintiff and the Defendant’s real estate sales contract with the Defendant (hereinafter “instant land”) is deemed as KRW 860 square meters in Seo-si, Seocheon-si

) and its ground buildings (the total construction household is a house 146 units, officetels 11 units, and other urban-type residential housing units (hereinafter referred to as “instant building”). The instant building is referred to as “instant real estate” in the case of a common name to the instant land and the instant building.

(D) The public auction notification of the instant public auction (hereinafter “instant public auction notification”) on D Internet public auction system (D), and the public auction procedure under the instant public auction notification is called “instant public auction procedure.”

(2) The public auction notice of this case contains the following: (a) the public auction notice of this case contains the content that “if the contract is cancelled due to a purchaser’s default, the down payment shall be reverted to the Defendant as a penalty for penalty; and (b) the main content of the public auction notice of this case related to this case is as shown in attached Table 1.2) The Plaintiff bid the purchase price at the public auction procedure of this case to be KRW 7,228,317,000; and (c) accordingly, the Plaintiff entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) on July 22, 2016.

The instant sales contract includes the content that, where the instant contract is terminated due to a cause attributable to the buyer (Plaintiff), the down payment out of the principal paid shall belong to the seller (Defendant) as a penalty for breach of contract. The main content of the instant sales contract related to the instant case is as specified in attached Form 2.

B. On July 21, 2016, the Plaintiff paid KRW 365,000,000 as bid deposit to the Defendant, while participating in the instant public auction procedure, such as the Plaintiff’s remaining unpaid amount and the Defendant’s prior notice of termination of contract, and paid KRW 1,080,664,00 as the remaining down payment on July 22, 2016, which entered into the instant sales contract.

In addition, the Plaintiff’s prior possession of the instant real estate on August 26, 2016 to the Defendant.