A. On April 16, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 105,000,000,000 (hereinafter “instant sales contract”) of the building C, 105,000,000,000,000,000 (hereinafter “instant housing”).

In the instant sales contract, if the sales contract is terminated due to the party’s failure to perform the contract, the down payment (10 million won) was deemed as the basis for compensation for damages, unless otherwise agreed.

B. According to the instant sales contract, the Plaintiff paid each of the Defendant KRW 10 million on April 16, 2015, and the intermediate payment of KRW 50 million on May 7, 2015.

C. The remainder date under the instant sales contract is May 29, 2015, and the Plaintiff asserted that there was a defect, such as water leakage in the instant house, etc. around May 26, 2015, and refused to pay the remainder under the sales contract.

around June 2015, the Defendant, at its own expense, urged the Plaintiff to perform the obligation under the sales contract, such as moving-in and payment, etc., but did not indicate the intent to perform the obligation.

On February 17, 2016, the Defendant expressed to the Plaintiff the intent to cancel the instant sales contract on the grounds of the Plaintiff’s refusal of performance (Evidence No. 3). The notice of cancellation was served on the Plaintiff on February 18, 2016.

E. On February 20, 2016, after the notification of cancellation, the Defendant sold the instant house to D, a third party, and completed the registration of transfer of ownership on March 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2 and 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The plaintiff asserted that the defendant sold the instant house to D, a third party, and completed the registration of ownership transfer, and thus, the defendant's obligation to transfer ownership under the instant sales contract was not fulfilled. The plaintiff revoked the instant sales contract and reinstate the defendant to its original state.