1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. 1) On October 24, 2013, the Defendant entered into the instant contract (i) three-story buildings of reinforced concrete structure B with the ground reinforced concrete structure B (hereinafter “instant building”)

(2) Of the three floors, “the instant shopping mall” is collectively referred to as “the instant shopping mall,” including 301 square meters of reinforced concrete structure 863.955 square meters, 302 square meters of three floors, and 278.56 square meters of reinforced concrete structure (hereinafter “301 and 302”).

(2) On October 18, 2013, the Defendant decided to dispose of the instant commercial building by means of general competitive bidding around November 2013.

On December 9, 2013, the appraised value of the instant commercial building as of December 9, 2013 was calculated as KRW 651,233,550 for a dialogue appraisal corporation, and the future appraisal corporation for a new appraisal corporation was calculated as KRW 628,000 for a new appraisal corporation.

The defendant determined 639,616,775 won, which is the arithmetic mean of the above two appraised values, as the estimated disposal price.

3) The Defendant, while publicly announcing the competitive bidding of the instant commercial building, stated the following: “At the site of the instant commercial building, the Defendant participated in the bidding after a field answer, and the sales of lump-sum payment in accordance with the present situation,” and stated that the instant commercial building’s general competitive bidding was “scheduled for one payment in full.”

5) Around April 10, 2014, the Plaintiff filed an application for purchase of the instant commercial building with the Defendant. On April 11, 2014, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to purchase the instant commercial building in KRW 319,809,00 (hereinafter “instant contract”).

(6) On April 11, 2014, the Plaintiff paid the Defendant a down payment of KRW 31,980,900. The key content of the instant contract is as follows.

(B) The sales price of the commercial building of this case shall be KRW 319,809,00.

Article 2 (1) The plaintiff shall pay to the defendant 31,980,900 won equivalent to at least 10/100 of the proceeds from sale under Article 1 on the date of concluding the contract.

(2) Where this contract is cancelled, the proceeds from sale under paragraph (1) shall be deemed a contract bond.

§ 3.