1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 13, 2017, the Defendant: (a) paid the purchase price of KRW 2.62 billion to EP Co., Ltd. (hereinafter “ES”) 613 m. 1,031 m. 61,03,000,000 (the contract amount of KRW 260,000,000,000 won is KRW 1,000,000,000 on September 12, 2017) to EP Co., Ltd. (hereinafter “E”) on September 13, 2017; (b) concluded a sales contract to pay the remainder of KRW 2.36 billion on September 13, 2017 as the date of the contract; and (c) to pay the purchase price of KRW 2.58,00,000,000 on each of the above land (the purchase price of KRW 827,00,00,000).

(hereinafter “each of the instant sales contracts”). B

Article 7(4) of the sales contract of this case provides that “In the event that E.S. and the Defendant enter into each of the instant sales contracts and fails to perform the contract due to the reasons of E.S. oil, each down payment that E.S. paid to the Defendant may not be returned and reverted to the Defendant.”

C. E. Pursuant to each of the instant sales contracts, E.S. paid to the Defendant the sum of KRW 380 million in total (260 million in the land sales contract amounting to KRW 48 million).

On November 25, 2017, the Defendant sent to SP a written notice to the effect that “I would cancel each of the instant sales contracts and confiscate each of the down payment,” and even thereafter, SP would not pay each of the remainder, and even if the notice was given before November 27, 2017, the Defendant did not intend to perform each of the instant sales contracts, and thus, the Defendant cancelled each of the instant sales contracts as of November 30, 2017 and confiscated each of the down payment as of November 30, 2017 pursuant to Article 7 of each of the instant sales contracts by deeming that SP did not intend to perform each of the instant sales contracts.

‘Written notification' has been sent.