A. On March 26, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 2,970,000,000, the amount of KRW 1,086 square meters (hereinafter “instant land”) in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seoul (hereinafter “instant land”).

B. At the time of the above sales contract, the Defendant agreed to the effect that “the Defendant shall cancel all defects, such as provisional registration, collateral security, etc., established on real estate prior to the payment date of the remainder, and cancel all the rights to restrict the Plaintiff’s full exercise of ownership after the payment of the remainder, and all the matters, such as unpaid public charges, etc

C. The Plaintiff paid the purchase price in full to the Defendant, and completed the registration of establishment transfer as the Daejeon District Court’s support registration and the receipt of April 29, 2014 No. 42601.

At the time of the instant sales contract, each registration of the establishment of a neighboring mortgage-holder’s establishment of a superficies and the cancellation of the registration of the creation of a superficies for a person holding superficies for the incheon Agricultural Cooperatives, the mortgagee of the instant land was completed. However, the Daejeon District Court’s registration of the establishment of a mortgage-holder’s establishment of a superficies and the superficies under the name of the superficiary dopco Co., Ltd., Ltd. (hereinafter “instant superficies”) was not cancelled on October 14, 198.

E. The Plaintiff directly appraised and calculated the cost of cancelling the superficies of this case, and paid KRW 37,680,000 to dopco according to the result of the appraisal. The Plaintiff completed the registration of cancelling the superficies of this case as the Daejeon District Court’s support registration and the registration of cancelling the superficies of this case on June 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the defendant did not perform the registration procedure for cancellation of the superficies creation of this case until the remainder payment is made pursuant to the sales contract of this case. Thus, the plaintiff's delay of performance is attributable to the plaintiff.