1. The defendant's appeal is dismissed.

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

3. The plaintiff's succession to the lawsuit is followed by the plaintiff's succession to the lawsuit.

1. Basic facts

A. On August 17, 2016, the Defendant purchased D’s land and the 4th floor building thereof (hereinafter “instant building”) from the deceased on the deceased’s possession (hereinafter “the deceased”) in the amount of KRW 525,00,000,000, and the Defendant purchased the total amount of KRW 32,000,000,000, and the down payment amount of KRW 60,000,000 on the date of the contract, the intermediate payment of KRW 10,00,000,000 on August 25, 2016, and the remainder payment of KRW 33,00,00,000 on September 9, 2016.

(hereinafter “instant sales contract”). B.

Article 6 of the sales contract of this case provides that "if the seller or the purchaser fails to fulfill the terms and conditions of the contract, the other party shall be notified in writing to the person who has failed to perform the contract, the other party may cancel the contract, and the party to the contract may claim damages arising from the cancellation of the contract, and the contract shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages," and the special agreement provides that "the seller shall transfer the right to permit the tobacco retail store and the business right

C. The Defendant paid the Deceased KRW 60,000,000 as down payment on the day of the instant sales contract, and KRW 100,000 as the intermediate payment on August 25, 2016.

On September 9, 2016, the date of the payment of the above sale balance, the Deceased leased the above fourth floor from the Defendant to KRW 10,000,000, monthly rent, and KRW 200,000, in order to continue residing on the fourth floor of the instant building.

(hereinafter “Lease of this case.” The Defendant paid KRW 323,00,000,000, which deducts deposit of KRW 10,000 to be paid from the Deceased, out of the remainder of KRW 333,00,000, to the Deceased, and completed the registration of ownership transfer as to the building of this case on the same day.

E. The Defendant and the Deceased agreed to terminate the instant lease agreement, and the Deceased removed from the fourth floor of the instant building on October 24, 2016.

F. On the other hand, the instant building is located.