1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 6, 2014, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant for KRW 750 million (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 75 million on the same day (hereinafter “instant sales contract”). The Plaintiff agreed to pay the remainder KRW 675 million to the Defendant on April 4, 2014.

The Plaintiff and the Defendant agreed to Article 5 of the instant sales contract that “before the Plaintiff pays the intermediate payment (if there is no intermediate payment, the remainder) to the Defendant, the Defendant shall redeem the down payment, and the Plaintiff may waive the down payment and rescind the respective contract.”

On November 10, 2015, the Ministry of Land, Infrastructure and Transport announced a plan to construct Jeju 2 New Airport to resolve the spreading situation of Jeju Dun-si Port. At that time, the Ministry of Land, Infrastructure and Transport started to change the prices of real estate located around the area to be constructed including the instant real estate.

On November 11, 2015, the Defendant expressed his intent to cancel the instant sales contract on the ground that the Plaintiff did not pay any balance to the Plaintiff.

On November 18, 2015, the Defendant deposited KRW 150 million, which is an amount equal to the down payment of KRW 75 million under the instant sales contract, for the Plaintiff as the Suwon District Court Decision No. 20441, Nov. 18, 2015. On the same day, the Defendant sent to the Defendant a written notice stating that he/she would repay the down payment and cancel the instant sales contract, and then sent to the Plaintiff around that time.

On the other hand, the Jeju District Court Seopo District Court received on January 25, 2013, 3080 as to the instant real estate from the Jeju District Court, which received on January 25, 2013, “the ownership and scope of buildings, other structures, or trees” under Article 3081 of the same day as the registration of establishment of a neighboring mortgage, which was the “the maximum amount of claims KRW 611,00,000,000,000,000,000,000,000,000,000,000,000,000