A. On March 1, 2016, the Plaintiff entered into a contract with the Defendant to purchase the eight-story F of the eight-story of the “E” (hereinafter “instant building”) on the land outside Seopopo-si, Seopo-si, Seopo-si, the Defendant obtained a new construction permit, with the purchase price of KRW 163,960,200 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 16,396,020 out of the sale price.

B. The initial scheduled date of occupancy in the instant sales contract was around March 2018, and the Defendant reported the scheduled date of commencement to March 16, 2016, but failed to complete the new construction of the instant building by the closing date of the argument, and the scheduled date of occupancy was changed to December 2018.

C. The instant sales contract provides that the Plaintiff may rescind the contract in cases where the occupancy has been delayed for more than three months from the scheduled date of occupancy ( March 2018) due to reasons attributable to the Defendant, other than force majeure such as natural disasters or administrative orders unrelated to the Defendant’s cause attributable to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 14, and 16, each entry of evidence, the purport of the whole pleadings

2. Claim for refund of down payment.

A. The facts acknowledged prior to the determination of the Plaintiff’s claim and the evidence revealed earlier are acknowledged as follows.

In other words, the construction period required for the new construction of the building of this case is 24 months, and the defendant failed to complete the new construction work until the date of closing argument of this case, for which more than three months have elapsed from the scheduled date of occupancy stipulated in the

It is reasonable to view that the defendant has the responsibility to delay occupancy due to the problems in the process of new construction works, unless there are special circumstances, since it belongs to the defendant's territory as the executor of new construction and sale business

Furthermore, it is clear that the Plaintiff’s expression of intent for rescission of the instant sales contract reaches the Defendant on September 14, 2017. Therefore, the instant sales contract was lawfully rescinded.