1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On July 25, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 760 square meters of land B (hereinafter “instant land”) in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 15 million on the same day.

However, the Defendant, at the time of the instant sales contract, did not construct a road to bring his own expenses in accordance with Article 3 of the sales contract of this case [the period of extinctive prescription shall be one year from the date of the contract). The Defendant, instead of the Defendant, did not pay design service charges, etc. paid by the Plaintiff on behalf of the Plaintiff in relation to the construction of the said road, and rejected the remainder payment without justifiable grounds.

Therefore, since the Plaintiff rescinded the instant sales contract on the ground of the Defendant’s nonperformance, the Defendant is obligated to pay to the Plaintiff the sales contract of this case in accordance with Article 5 [the seller, at the time of the seller’s breach of this contract, gives up the full amount of the down payment and the down payment, if the buyer has breached this contract].

B. Around May 2013, the Plaintiff’s summary of the Defendant’s assertion requested the rescission of the instant sales contract between the Plaintiff and the Defendant at the same time by changing the purchaser to D individual, the representative director of the Plaintiff, and the Defendant consented thereto. As such, the Plaintiff is no longer entitled to exercise its right as the purchaser under the instant sales contract.

In addition, the defendant will bear the expenses.