1. The plaintiff's claim is dismissed.

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

1. The amount of KRW 48,061,300 on the date of designation of occupancy on March 5, 2015, as of May 20, 2015, on the date of the payment of the remainder of the second intermediate payment (10%) (10%) (10%) in the second intermediate payment (10%) (10%) (10%) in the second intermediate payment (10%) in the second intermediate payment (10%) (10%) in the second intermediate payment (10%) (10%) in the first intermediate payment (10%) in the first intermediate payment (10%) in the first intermediate payment (10%) in the second intermediate payment (10%) in the second intermediate payment (10%) in the second intermediate payment (10%) in the second intermediate payment (10%) in the second intermediate payment (48,061,300

A. On March 5, 2015, the Defendant entered into a sales contract with C Co., Ltd. (hereinafter “C”) with the 7th floor E (91.68 square meters in exclusive use area, 83.49 square meters in common use area, 175.17 square meters in contract area, 19.34 square meters in site area, hereinafter “instant real estate”) of Songpa-gu Seoul Metropolitan Government D building to purchase KRW 480,613,00 in lots (hereinafter “instant sales contract”), and agreed on the method of paying the sales amount as follows.

B. According to the instant sales contract, from around that time to September 14, 2015, the Defendant paid C the sum of KRW 192,245,200 (i.e., KRW 48,061,30 x 4) as the down payment and the intermediate payment under the instant sales contract from around that time to around September 14, 2015.

C. On August 12, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase the sales price of KRW 192,245,200 for the instant sales contract (hereinafter “instant sales contract”) and agreed to pay the down payment of KRW 48,061,30 on the date of the contract and the remainder of KRW 144,183,90 on August 26, 2016. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 48,061,30 on the same day.

After that, on August 26, 2016, the remainder payment date under the instant sales contract, the Plaintiff did not pay the remainder. On August 31, 2016, the Defendant sent a content-certified mail to the Defendant that “if the remainder is not paid to the Plaintiff by September 6, 2016, it would confiscate the down payment.” The said mail was served on the Plaintiff around that time.

E. Accordingly, the Plaintiff failed to pay any balance on September 2, 2016 due to the failure to obtain approval for bank loans, and the Plaintiff’s reply to the effect that the payment of balance will be made within the earlier date on September 26, 2016, if the payment date is postponed by September 26, 2016.