The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

On March 23, 2018, the Plaintiff and Defendant B entered into a real estate transaction agreement with the Plaintiff on the second floor E of the D building owned by Defendant B (hereinafter “instant real estate”) at KRW 7 billion, and the provisional contract amounting to KRW 40 million at KRW 30 million on April 5, 2018 and the remainder KRW 660 million on April 30, 2018, respectively.

The Plaintiff paid to Defendant B KRW 30 million on March 23, 2018, and KRW 10 million on March 26, 2018 as provisional contract deposit.

On April 26, 2018, the Plaintiff and Defendant B entered the real estate sales contract that the sales price of the instant real estate shall be adjusted to KRW 7,446,390,000, but the down payment shall be KRW 340,000,000 in the contract, the remainder of KRW 7,106,390,000,00 in the contract, and the Defendant B entered into a real estate sales contract that shall be paid in June 20, 2018 in the said contract, with a special clause stating that “this contract shall take effect after the deposit is confirmed, after the deposit is confirmed,” and an account number of Defendant B’s new bank.

On May 8, 2018, the Plaintiff paid to Defendant B a down payment of KRW 300 million, excluding the remainder of KRW 40 million already paid, and again drafted a real estate sales contract with Defendant B concerning the instant real estate. The details of the contract, except the portion written in the said paragraph (c), are the same as the real estate sales contract written on April 26, 2018.

(hereinafter “instant sales contract.” Article 6 (Non-performance of Obligations and Compensation for Damages) of the instant sales contract provides that “If a seller or buyer fails to fulfill the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted and rescind the contract. In addition, the other party may claim damages arising from the termination of contract to the other party, respectively, and unless otherwise agreed, the contract deposit shall be deemed as the basis for compensation for damages.”

Defendant B did not intend to purchase the remainder of the instant sales contract as the Plaintiff did not pay the remainder on June 22, 2018.