1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 13, 2015, the Plaintiff concluded a sales contract with the Defendant on the Gangnam-gu Seoul Special Metropolitan City B large 264.9 square meters and its 6th floor (hereinafter “instant real estate”) with respect to the purchase price of KRW 6 billion (hereinafter “instant contract”), and determined the specific timing for payment of the purchase price, compensation for damages caused by nonperformance, etc. as follows.

Article 1 (Sale Price) (1) If a plaintiff or defendant fails to perform any of the terms and conditions of this Agreement on March 31, 2015, 2015, the date of payment of the down payment of KRW 600 million of the down payment, March 2, 2015, the date of payment of the intermediate payment of KRW 2.5 billion of the intermediate payment, and March 2, 2015, the date of payment of the balance of KRW 2.9 billion, the other party may cancel the contract by peremptory notice in writing to the defaulted person and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Article 13 (Matters of Special Agreement) The defendant promises that there is no doubt that there has been a board of directors concerning the sale and disposal of this case, present the meeting minutes of the board of directors within seven days after the conclusion of the contract, and the plaintiff shall confirm and purchase them.

B. The Plaintiff paid 600 million won the down payment to the Defendant on the date of the instant contract.

C. On August 13, 2015, the Defendant sold the instant real estate to two persons, including C, etc., and completed the registration of ownership transfer on October 16 of the same year under two persons, including C, etc.

[Ground of recognition] Unsatisfy, Gap evidence 2 to 4

2. The plaintiff's summary of the plaintiff's assertion sought the return of the down payment of this case for the following reasons.

The Defendant unilaterally reversed the instant contract without submitting the meeting minutes of the board of directors to be held by the Defendant, and completed the registration of ownership transfer of the instant real estate in the name of a third party.

The defendant's real estate of this case against the plaintiff.