1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that newly constructs and sells real estate, and the Defendant is a company that purchases and compensates for the H incorporated site.

B. On May 24, 2016, C purchased D 1,085 square meters (hereinafter “instant land”) from the Defendant on the purchase price of KRW 2,874,157,00 (287,415,700, the contract amount of KRW 862,247,100, when entering into a contract, the first intermediate payment of KRW 862,247,100 on March 24, 2017; and the second intermediate payment of KRW 862,247,10 on January 25, 2018; the remainder of KRW 862,247,100 on the remainder of KRW 862,247,10 on November 23, 2018; and paid KRW 287,415,700 on the same day to the Defendant.

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

(‘A’ means the Defendant, and “B” means C). Article 7 (Loss of Benefit of Time) “A” may, in any of the following cases, immediately pay the full amount of the outstanding purchase price (including interest at a delay), notwithstanding the method of payment under Article 1, in spite of the method of payment:

In such cases, discount due to advance payment shall not apply.

1. Where the number of days in arrears due to the default of the purchase price, etc. exceeds 60 days and a Party A fails to pay the price even after setting a grace period of at least 30 days, even though a peremptory notice is given, under Article 8 (Cancellation or Termination of Contracts) (1) In any of the following cases, Party A may cancel or terminate this contract:

5. Where he/she fails to comply within 30 days, even though he/she was requested to immediately pay the full amount of the purchase price, as he/she has lost the benefit within a period due to the grounds referred to in the subparagraphs of Article 7

C. G transferred the status of purchaser of each instant sales contract from G on August 3, 2016, and the Plaintiff acquired the status of purchaser of each instant sales contract from G on March 15, 2017.

On May 25, 2017, the Defendant sent a peremptory notice to the Plaintiff, stating, “The first intermediate payment of KRW 862,247,100 to be paid by June 26, 2017.” The Defendant sent the first intermediate payment of KRW 862,247,100 to the Plaintiff, and, if not paid in full, would lose the benefit of time pursuant to Article 7 of the instant sales contract.”