A. On December 1, 2009, the Plaintiff purchased from Defendant B the land share of each of the instant buildings (hereinafter “each of the instant land share”) in KRW 260,00,00,00 from among the unauthorized buildings on each of the lands of Jongno-gu Seoul, Jongno-gu, E, F, and G (hereinafter “each of the instant buildings”) and each of the said lands.

(The above sales contract is referred to as the "instant sales contract"). (B)

According to the instant sales contract, the Plaintiff shall pay to Defendant B the remainder KRW 110,000,000 at the time of the contract ( December 1, 2009) and within one month from the remainder of KRW 110,000. Defendant B shall each pay the Plaintiff the share in each of the instant land until December 30, 2009, and each registration of ownership transfer shall be completed for each of the instant buildings until February 15, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, witness H's testimony, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion as to Defendant B (A) The Plaintiff paid KRW 150,000,000 as a check to Defendant B on the date of the instant sales contract, and KRW 40,000,000, which is a part of the remainder on May 20, 2010, to Defendant C’s account designated by Defendant B as an intermediate payment.

From the time of the payment of the down payment to the time of the filing of the lawsuit in this case, the Plaintiff sought the registration of transfer of the ownership of each of the instant land shares and each of the instant buildings several times, but the Defendant B did not endeavor to implement or implement the said registration and did not reach the present time.

Thus, the defendant B clearly expressed that he did not intend to perform his obligation.

For this reason, the instant sales contract was lawfully rescinded by the instant complaint, which contains the Plaintiff’s expression of intent to rescind the instant sales contract, to Defendant B.