A. On December 4, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 730,000,000 with respect to the instant real estate (hereinafter “instant real estate”) on the Jeju-si and four parcels owned by the Defendant (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 73,00,000 on the date of the contract, and paid the remainder KRW 657,00,000 until January 19, 2018.

B. At the time of the instant sales contract, the registration for the establishment of a neighboring mortgage and the establishment of superficies was completed with respect to the instant real estate as an obligor, and with the amount of maximum debt amount of KRW 216,00,000,000, to the obligee

C. The Plaintiff intended to pay a balance after receiving a loan from the instant real estate as collateral but failed to proceed with the loan procedure, and thus, the remainder date was extended until February 10, 2018 upon request from the Defendant.

However, on February 12, 2018, the Plaintiff failed to comply with the due date for the remainder, and requested the Defendant to extend the due date for the remainder by March 10, 2018. D.

Accordingly, on February 20, 2018, the Defendant extended the remaining payment date to the Plaintiff by March 13, 2018, and sent to the Plaintiff a certificate of content that the sales contract will be terminated and the down payment will be confiscated if the said extension date is not complied with.

Since then, without paying any balance by March 13, 2018, the Plaintiff again requested an extension of the remainder payment period until April 6, 2018. However, the Defendant rejected such request and sent a certificate of content that the instant sales contract will be rescinded on March 14, 2018.

E. Since June 21, 2018, the Defendant sold the instant real estate to E, and completed the registration of ownership transfer on August 9, 2018.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence (including paper numbers), Eul 1-4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. In order for the Plaintiff to cancel the instant sales contract, the seller.