1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 2, 2016, the Plaintiff entered into a sales contract with the Defendant for the purchase of Nos. C, 4, 1st floor D, and 2nd floor E (hereinafter “each of the instant buildings”) among the instant apartment buildings outside and two parcels of land (hereinafter “the instant sales contract”) at KRW 6630 million. The main content of the instant sales contract is as follows.

Article 2 In the sale of each building of this case, the buyer pays the purchase price as follows.

Article 6 of the sales price of KRW 6.63 billion - down payment of KRW 500 million (payment on September 2, 2016) - The intermediate payment of KRW 2 billion (payment on September 30, 2016) - The seller shall reimburse the remainder of KRW 4.13 billion (payment on February 28, 2017), the seller shall compensate for the amount double the down payment at the time of the breach of the contract, and the buyer shall not claim the return of the down payment at the time of the breach of the contract.

B. On September 2, 2016, the Plaintiff paid only KRW 230 million to the Defendant out of KRW 500 million of the down payment under the instant sales contract. The Plaintiff and the Defendant agreed to pay KRW 270 million of the down payment up to September 5, 2016 with the Defendant (hereinafter “instant agreement”). If the agreement is impossible, the agreement was reached between the Defendant and the Defendant to the effect that the instant contract is terminated (hereinafter “instant agreement”).

C. By September 5, 2016, the Plaintiff failed to pay the remainder down payment of KRW 270 million to the Defendant. Accordingly, on September 12, 2016, the Defendant sent to the Plaintiff a document verifying the content that the instant sales contract is terminated on the ground of the Plaintiff’s nonperformance of obligation.

On October 10, 2016, the Plaintiff concluded a sales contract for each of the instant buildings (hereinafter “instant second sales contract”) with the Defendant. The main content of the instant second sales contract is as follows.

On October 10, 2016, the Plaintiff paid KRW 500 million to the Defendant the down payment under the instant secondary sales contract.

Article 2 In regard to the sale of each building of this case, a seller and a buyer shall pay the purchase price by agreement as follows: