1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 19, 2017, the Plaintiff purchased 60,173 square meters of land (hereinafter “instant land”) owned by the Defendant with the Defendant for KRW 1.4 billion. However, at the time of the contract, the Plaintiff entered into a sales contract with the Defendant to pay the remainder of KRW 1.26 million to the Defendant on July 19, 2017 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the down payment to the Defendant KRW 140,000,000 on the same day.

B. Of the instant sales contract, the content pertaining to the instant case is as follows.

Section 6. The seller shall reimburse the amount of the down payment at the time of the cancellation of the contract, and the buyer shall waive the down payment and not claim the return thereof at the time of the cancellation of the contract.

(1) The civil engineering works of the land mentioned above are responsible for and completed by the seller.

(2) The seller shall transfer to the buyer all documents concerning the approval of the project of the above land.

(3) The replacement creation cost of the said real estate shall be payable by the seller before the remainder of the payment.

(4) 30 million won is the buyer’s share at the remainder of the costs of civil works.

C. By July 19, 2017, the remaining payment date, the Plaintiff refused to pay the remainder on the grounds that the Defendant failed to perform the civil engineering works stipulated in the instant sales contract clause (hereinafter “instant construction works”). On July 28, 2017, the Plaintiff cancelled the instant sales contract on the grounds of the Defendant’s nonperformance of obligations, and sent a written notification containing the content that the Plaintiff claims KRW 280,000,000,000, which is a double of the down payment, to the Defendant pursuant to Article 6 of the instant sales contract, and sent it to the Defendant on July 31, 2017.

The content of the instant construction project, determined by the original and the Defendant, is a construction project to increase the additional 3 meters of retaining walls by piling up a part of the instant land to the extent of 3 meters, for which construction period is within 7 days, construction expenses are estimated to the extent of 30 million won, and small-scale constructors are generally able.

[Reasons for Recognition]