A. The Korea Land and Housing Corporation is a developer of the housing site development project in South Yangyang-ju District, and the new construction project of the Korea Land and Housing Corporation (hereinafter “new construction project”) purchases housing sites developed by the Korea Land and Housing Corporation, and manages a management-type land trust to the Asian Trust Co., Ltd. (hereinafter “ Asian Trust”), and is a trust contractor and contractor who constructs E Apartments (hereinafter “the apartment of this case”), and the defendant is a purchaser of the apartment of this case.

B. Around September 2009, Asian Trust announced a public announcement on the apartment of this case. On November 12, 2009, the Defendant entered into a sales contract with Asian Trust (including a party to a new contract) to purchase No. 1201, an apartment of this case (hereinafter “instant sales contract”).

C. Around March 2012, a new construction business completed the instant apartment, and on April 5, 2012, the Southern-ju City approved the inspection of the use of the instant apartment on the application of the Asian trust.

On or after June 23, 2012, which is the date of the balance agreement, the Asian Trust urged the Defendant to pay the balance, but the Defendant did not pay the balance.

Accordingly, on July 26, 2013, Asian Trust sent a certificate of content that the instant sales contract was cancelled on the grounds of the Defendant’s fault, and around that time, the said certificate reaches the Defendant.

E. Meanwhile, on November 2, 2012, a new company filed an application for rehabilitation with the Seoul Central District Court 2012 Gohap220, and the said court rendered a decision to commence rehabilitation proceedings on November 13, 2012 for a new company.

Since then, on December 1, 2015, the above court decided to discontinue the rehabilitation procedures for the new business, and on December 16, 2015, when the abolition decision became final and conclusive, the plaintiff is declared bankrupt ex officio for the new business pursuant to Article 6 (1) of the Debtor Rehabilitation and Bankruptcy Act, etc. on the same day.