1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 1 and Eul evidence Nos. 2 to 5 (including branch numbers), together with the purport of the whole pleadings. (a)

On August 12, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and among which, the real estate listed in the separate sheet No. 2, listed in the separate sheet (hereinafter “instant building”) KRW 280,000,000 (hereinafter “instant sales contract”).

B. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed to pay the down payment of KRW 30 million on September 12, 2013, respectively, on the day of the said sales contract, the intermediate payment of KRW 50 million, and the remainder of KRW 200 million on October 11, 2013.

C. Accordingly, the Plaintiff paid the Defendant the down payment of KRW 30 million on the day of the instant sales contract.

However, the Defendant did not deliver each of the instant real estate to the Plaintiff by October 11, 2013, which was due to the fact that the instant building was leased to Nonparty C before the conclusion of the instant sales contract, to the end of March 2015.

(However, on October 9, 2013 and October 29, 2013, the Defendant agreed to deliver the instant building from C to C, and then paid 9.8 million won to C on October 16, 2013 as security deposit, and received delivery from C around that time). 2. The Plaintiff’s assertion and determination on October 2, 2013

A. The Plaintiff asserted that the Defendant did not deliver each of the instant real estate to the Plaintiff by October 11, 2013, the Plaintiff agreed to cancel the instant sales contract with the Defendant, and even if so, did not so.

Even if the contract of this case was lawfully rescinded due to the Defendant’s nonperformance of the above duty of delivery, the Defendant’s restoration to its original state.