A. On November 16, 2014, the Plaintiff purchased 476.03 square meters (hereinafter “instant land”) out of the first-si B and six parcels (hereinafter “the instant land”). The Plaintiff concluded a sales contract with the Defendant to complete the registration of ownership transfer at the same time with the payment of KRW 36.6 million until November 19, 2014 (hereinafter “instant sales contract”). The down payment of KRW 4 million until the date of the contract, the intermediate payment of KRW 20 million until November 19, 2014; and the remainder of KRW 12 million until November 21, 2014; and the Defendant entered into a sales contract with the Defendant to complete the registration of ownership transfer (hereinafter “instant sales contract”).

B. On November 15, 2014, the Plaintiff, including one million won remitted to the Defendant on November 15, 2014, remitted the down payment of KRW 4 million on November 16, 2014, and paid the down payment of KRW 4 million. On November 20, 2014, the Plaintiff wired the total amount of KRW 32 million to the Defendant and paid the full payment.

C. The Defendant received the full payment from the Plaintiff, and failed to comply with the Plaintiff’s request for the implementation of the procedures for ownership transfer registration on several occasions, and on this ground, a duplicate of the instant complaint stating the intent to cancel the instant sales contract was served on the Defendant on January 28, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the sales contract of this case was lawfully rescinded upon the plaintiff's right of rescission.

As such, the defendant is obligated to pay to the plaintiff the purchase price of KRW 36 million and the damages for delay calculated at the rate of 20% per annum from January 29, 2015 to the day following the delivery date of a copy of the complaint of this case, which is the day of complete payment.

B. The Defendant asserts that, although the Defendant intended to repay the secured debt of the right to collateral security established on the instant land on December 29, 2014 and implement the procedure for ownership transfer registration, the Plaintiff failed to pay the cost of ownership transfer registration, thereby failing to implement the procedure for ownership transfer registration.

However, the above evidence is presented.