1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On August 31, 2011, the Defendant, which entered into a sales contract between the Defendant and B, acquired ownership of 2,733 square meters (hereinafter “instant land”).

On February 11, 2012, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to the land in this case and the instant land, D, 222.8 square meters adjacent thereto, and the purchase price is KRW 2.4 billion at the time of entering into the contract, and the down payment is KRW 50 million at the time of entering into the contract, KRW 50 million within one month from the date of entering into the contract, KRW 50 million within two months, and KRW 14 million within two months, in sequence. The Defendant paid the intermediate payment of KRW 260 million by March 9, 2012, and the remainder of KRW 1.9 billion by July 9, 2012.

The contents of the instant sales contract relating to the instant case are as follows.

Matters of special agreement

5. The defendant shall set up a written consent to the use of the instant land to B within one month from the date of conclusion of the contract.

However, the defendant who is required to submit the written consent to the above land should receive KRW 100 million, which is part of the down payment from B.

6. If B fails to pay KRW 500 million with the purchase price of this case by the agreed date, the contract of this case is deemed to have been rescinded by the agreement between the parties concerned.

In such cases, the down payment paid by B shall be forfeited at a higher price, and B shall pay the down payment of KRW 50 million as a penalty for a penalty.

In such cases, a person shall waive all the project rights to the land in this case he/she owns B and shall waive all the rights to the ground water on the land in this case.

8. If the contract is terminated pursuant to paragraphs 6 through 7, B following the date of the intermediate payment or the remainder payment shall submit to the Defendant a letter of waiver that the Defendant will not exercise any right against the instant land and buildings under construction on the instant land and its ground on the grounds of lien and construction cost, etc., and B shall prepare a letter of performance that the owner will replace the Defendant.