A. On March 4, 2013, the Plaintiff sold Nos. 7 of Busan Shipping Daegu 3rd, the Defendant newly built.

(hereinafter “instant sales contract”). B.

Article 4 (3) of the above contract for sale in lots has been delayed for more than 3 months due to the reasons attributable to the defendant, the plaintiff can cancel the contract for sale in lots.

C. In addition, the instant sales contract states that “2014 (a somewhat change may be made according to other matters, such as process, and accurate date shall later be notified)” as to the scheduled date of approval for use and occupancy.

On October 2014, the defendant notified the buyer of the approval for use and the scheduled occupancy.

E. On October 2014, the Plaintiff notified the Defendant that the instant sales contract was cancelled on the ground of the delay in occupancy, as the Plaintiff did not enter into the contract even after three months from the originally scheduled date. On February 24, 2015, the Plaintiff notified the Defendant that the instant sales contract was rescinded.

F. Meanwhile, the Plaintiff paid KRW 39,273,00 in total the down payment and the intermediate payment to the Defendant, and KRW 27,108,00 in the intermediate payment received a loan from the Busan Dental Credit Union under the Plaintiff’s name. The Plaintiff paid KRW 161,843 on June 19, 2015 as interest and delay damages on the said loan.

2. According to the above facts of assertion and determination, the instant sales contract was lawfully rescinded by the Plaintiff’s exercise of right of rescission on the ground that the occupancy was delayed from October 2014 to February 2, 2015, which was the first scheduled date of occupancy pursuant to Article 4(3) of the contract from October 2014 to February 3, 2015. Thus, it should be deemed that the sales contract in this case was completely rescinded by the Defendant’s restitution following the cancellation of the sales contract to the original state.