1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 2015, the Defendant entered into a commercial supply agreement with the Austria Co., Ltd. to sell 101, 105, 105, 389,530 won (including value-added tax) for the commercial buildings in the Busan East-gu and three lots of land (hereinafter “instant commercial building”).

(hereinafter “instant commercial building supply contract”). B.

On August 29, 2016, the Plaintiff decided to purchase the right to sell the instant commercial building from the Defendant in the purchase price of KRW 404,885,814 (excluding value-added tax); however, on August 29, 2016, KRW 10 million for the first installment of down payment; KRW 2nd 50 million for down payment; and on October 31, 2016, KRW 3rd 60,478,615 for down payment; and on April 29, 2017, KRW 284,407,19 for the remainder payment; and on January 284, 2018, KRW 199 for the buyer’s title change on the commercial building supply contract of this case, the buyer entered into the sales contract of this case with the Plaintiff to pay the remainder to the Plaintiff in accordance with the schedule of the executor (hereinafter “instant sales contract”).

C. By August 19, 2016, the Plaintiff paid to the Defendant a down payment of KRW 10 million under the instant sales contract, and paid KRW 250 million on September 27, 2016.

However, after concluding the instant sales contract, the Plaintiff intended to resell the sales right of the instant commercial building, but the purchaser did not appear, and as a result, the Plaintiff was faced with the situation where it was unable to prepare money by April 29, 2017, the third payment date of down payment, and requested the Defendant to postpone the third payment date of down payment.

Accordingly, the Plaintiff and the Defendant, on April 19, 2017, concluded that the third payment date of the down payment will be postponed on June 20, 2017, and the date of change of the name (the third payment date of the down payment of the down payment) of the said real estate was April 29, 2017, but the said date of change of the name (the third payment date of the down payment of the down payment) would be postponed on June 20, 2017 by agreement between the seller and the buyer.

On June 20, 2017, the buyer does not pay to the seller the third amount of the down payment (excluding the value added tax), which is 60,478,615 won.