1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On May 11, 2015, the Plaintiff entered into a sales contract with the Defendant, the seller of “D” commercial buildings located in Songpa-gu Seoul Metropolitan Government, to sell the sales price of KRW 1,243,813,00 (including value-added tax; hereinafter “instant sales price”) with respect to “D” commercial buildings and KRW 105 (hereinafter “D store”).

(hereinafter “instant sales contract,” and the supply contract between the Plaintiff and the Defendant on the instant sales contract (hereinafter “instant sales contract”). B.

In the instant sales contract Article 1, etc., the Plaintiff and the Defendant paid KRW 248,762,60, the sum of the down payment and the first intermediate payment of KRW 248,762,60,00, out of the sales price, to the account number E (hereinafter “instant account”) of the Suhyup Bank, Inc., the financial manager of the sales price, on the date of the contract, and the Defendant determined to pay KRW 2,33,381,30 by means of bank loans, and the Plaintiff paid KRW 124,381,30,00 for the five intermediate payment to the Plaintiff on December 29, 2015, the remainder of KRW 497,525,200 in each of the instant accounts on the date of designating occupancy

C. In addition, Article 2(1) of the instant sales contract provides that “When the Plaintiff performs an act, such as failure to pay the balance within one month from the agreed date, the contract may be rescinded if it is not performed after the Defendant’s peremptory notice.” Article 3(1) provides that “When the contract is rescinded due to a cause falling under Article 2(1), 10% of the total amount of the supply price shall be reverted to the Defendant as penalty.”

On May 8, 2015, the transfer of the instant sales contract to the instant account, including KRW 10 million, which was transferred to the instant account on May 8, 2015, the Plaintiff transferred KRW 248,762,600, total as the contract deposit and the first intermediate payment, to the instant account until May 11, 2015, the date of the instant sales contract.