1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On September 23, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to be supplied with C Hotel D Family Register at KRW 163,341,00 (including value-added tax). The Plaintiff paid the down payment of KRW 16,334,100 to the Defendant.

B. The main contents of the instant sales contract are as follows.

Article 1 (1) The defendant shall supply the object of supply to the plaintiff.

The plaintiff shall deposit the supply price into the bank account designated by the defendant according to the payment method and time.

The payment date of intermediate payments shall be the day following the payment date, and the defendant does not notify the plaintiff of the date, and the defendant shall notify the plaintiff of the balance payment date.

The intermediate payment of KRW 16,34,100 (10%) 24,50 (15%) 24,501,150 in the intermediate payment of KRW 16,334,100 (10%) 24,501,150 in the intermediate payment of KRW 24,50 (15%) 3 times (15%) 24,501,150 in the intermediate payment of KRW 24,50 in the intermediate payment of KRW 150 (15%) 24,501,150 in the intermediate payment of KRW 24,50 (15%) (24,50% in the date of actual designation, 30%) in the intermediate payment of KRW 49,02,30 in the designated account of the Defendant, and the Plaintiff is not entitled to assert the payment of the price to the Defendant for reasons other than the bank account or any other means determined by the Defendant.

When the supply price is deposited, it shall be remitted after indicating the number of houses and the name of the contractor within the agreed date, and in such cases, the deposit certificate shall be deemed the receipt.

(3) Any balance shall be paid by the end of the period designated for occupancy by the defendant (where the scheduled date for occupancy is reduced, by the date of actual occupancy).

Provided, That where a temporary use approval is obtained and moved in, 50% of the balance shall be paid on the date of approval for use on the date of occupancy by 50% of the remainder.

(4) The scheduled date of occupancy may be reduced according to the results of the progress of construction works, and if the scheduled date of occupancy is advanced, the defendant shall be changed.