A. The Defendant is a seller of D’s “D” (hereinafter, the instant building) that is scheduled to be constructed on the ground of the Gyeongnam-si, Chungcheongnam-si.

On September 6, 2016, the Plaintiff purchased E and F units of the instant building from the Defendant to KRW 214,784,00 (including value-added tax) for each unit of each unit of E and F, and paid KRW 42,956,80 as the down payment on the same day (=21,478,400 x 2).

(hereinafter, the sales contract of this case)

B. The supply contract on each of the above contracts for sales in lots states that "the scheduled occupancy date: : (the scheduled occupancy date may be changed according to the process, and if the change is made, it shall be later notified)". Article 2(3) provides that the Defendant shall pay the price already paid by the Plaintiff to the Plaintiff or deduct the price for delay calculated according to the overdue interest rate for each period under Article 2(2) from the remaining price, if the overdue interest rate is less than 30 days but less than 90 days, 11% if the overdue interest rate is less than 30 days, 12% if the overdue interest rate is less than 90 days but less than 180 days, and 13% if the overdue interest rate is more than 180 days.

In addition, Article 4 (3) 1 of the above contract provides that if the occupancy is delayed for more than three months from the original scheduled date of occupancy due to a cause attributable to the defendant, the buyer may cancel the contract, and Article 5 (2) provides that the defendant shall pay 10% of the total sale price to the buyer if the contract is cancelled due to a cause under Article 4 (3).

C. The instant building has not been completed until January 9, 2019, which was the date of the closing of the instant argument.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 5, one to 3-1 of Gap evidence 8, Gap evidence 10-1, 2, and Gap evidence 12, and the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim