1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 14, 2017, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the C apartment D, E, F, and G (hereinafter “each of the instant real estate”) owned by the Defendant with respect to the following contents, and the Plaintiff transferred the down payment of KRW 30,000,000 on the day to the Defendant’s account.

The purchase price: 740,000,000 won [the down payment at the time of a contract: 30,000,000 won: 70,000 won (payment at the time of a contract): 70,000,000 won (payment on July 31, 2017); any balance: 640,000,000 won (payment on August 31, 2017)] until the buyer pays the intermediate payment, the seller shall repay the down payment at a double amount, and the buyer may waive the down payment and rescind this contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.

Unless otherwise agreed, the criteria of Article 6 shall apply to damages.

B. On July 31, 2017, the Plaintiff did not pay intermediate payments. On August 2, 2017, the Defendant sent a content-certified mail to the Plaintiff on August 2, 2017 and August 8, 2017, notified the Plaintiff that “the instant sales contract will be rescinded on the grounds of heavy payment.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1-4, Eul evidence 2 and 3

2. Although the Plaintiff intended to pay part payments after August 1, 2017, the Plaintiff’s cause of the claim but the Defendant refused to receive part payments by avoiding the Plaintiff without telephone, and thus, the instant sales contract is cancelled due to the Defendant’s fault.

Therefore, the defendant should pay to the plaintiff 60,000,000 won and damages for delay, which are the total amount of the down payment.

3. Determination

A. The Plaintiff did not prepare an intermediate payment on July 31, 2017.