1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 29, 2017, C Co., Ltd. (hereinafter referred to as “C”) concluded a sales contract (hereinafter “A” refers to “Defendant”; “B” refers to “C”; “C” refers to “the first down payment; hereinafter “instant sales contract”); and on the same day, paid to the Defendant KRW 50 million as the first down payment and KRW 600 million as the second down payment on January 15, 2018.

Article 1 (Sales Price and Method of Payment)

1. The sales price of the instant real estate is as follows.

Total purchase amount of KRW 11,15,396,700

2.The above real estate sales proceeds shall be paid by account transfer on the day following the date designated by “A”:

Provided, That if “B” fails to pay any balance within the time limit, the down payment shall belong to “A”, and “B” shall promptly receive the balance and deliver documents necessary for the registration of transfer of ownership when “B” indicates its intent to pay the balance within the time limit.

Article 5 (Effect and Rescission of Contracts)

2. In the event of nonperformance of the contract of this case, the other party may rescind the contract by demanding in writing the person who has failed to perform the contract within a fixed period of not less than ten days;

3. Where the contract is rescinded, "A" and "B" may claim damages against the other party, respectively.

The amount of damages shall be the contract amount.

B. On January 19, 2018, the Plaintiff succeeded to all rights and obligations under the instant sales contract from C, and changed the payment date from May 21, 2018 to May 25, 2018.

C. The Plaintiff did not pay the remainder of the purchase price to the Defendant even after the remainder of the payment date changed as above ( May 25, 2018).

Accordingly, the Defendant did not pay the remainder of “one day” when demanding the Plaintiff to perform the contract on May 25, 2018.