1. Of the judgment of the court of first instance, the part concerning the conjunctive claim by the plaintiff (Counterclaim defendant) shall be modified as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of this Court’s reasoning is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and thus, this part of the reasoning for the judgment of the court of first instance is cited.

2. Determination on the conjunctive claim among the plaintiff's main claim

A. According to the facts acknowledged prior to the determination of the Plaintiff’s conjunctive cause, the Defendant is obligated to pay KRW 3,200,000,000, which is the remainder of the purchase price, to the Plaintiff pursuant to the instant sales contract, and at the same time, to implement the registration procedure for transfer of ownership on September 11, 2015 with respect to the instant hotel.

B. The Defendant’s assertion and its determination 1A) The Defendant’s summary of the Defendant’s assertion did not pay the remainder of the sales price under the instant sales contract by the due date, and the Defendant prepared documents necessary for the registration of ownership transfer on the instant hotel and notified the Plaintiff of the payment of the remainder while providing the Plaintiff with performance, around December 11, 2015.

However, the Plaintiff did not pay the remainder, and the Defendant rescinded the instant sales contract around December 22, 2015.

Therefore, the plaintiff's conjunctive claim based on different premise is without merit.

B) (1) A person who intends to rescind a contract on the grounds of the other party’s default in a bilateral contract with a simultaneous performance relationship shall provide the other party with performance of his/her own obligation. If the other party’s act is necessary in the performance of his/her obligation, he/she shall complete preparations to perform at any time, notify the other party of his/her intention so that he/she may cause the other party to delay of performance unless he/she completes preparations to perform and gives notice of receipt to the other party, and the mere preparation for performance shall not be sufficient (see Supreme Court Decision 2008Da94646, Mar. 26, 2009; 9465.)