2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On November 7, 2017, the Plaintiff entered into a construction contract with the Defendant for construction works (hereinafter “instant construction contract”) with the content of newly constructing multi-household housing on the land outside Bupyeong-gu, Incheon Metropolitan City, by setting the remainder of the down payment 40,000,000 won at the time of the contract, before the construction permit is granted, the construction permit was granted within one week after the date of commencement, and the completion date of the completion of the construction project is KRW 309,60,000 (excluding value-added tax), and the construction amount is KRW 20,000 at the time of the contract.

B. On November 8, 2017, the Plaintiff paid KRW 20,000,00 to the Defendant for the down payment under the instant construction contract.

C. After that, on April 26, 2018, the Plaintiff received KRW 20,00,000 from the Plaintiff as the down payment, the Plaintiff notified the Defendant of the cancellation of the contract on the ground that the Defendant did not perform its obligations under the instant construction contract, such as the design drawing and receipt of the construction permit including the details of the work executor’s goods, etc., and the performance guarantee insurance policy for the construction contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. After concluding the instant construction contract, the Plaintiff asserted that the design drawing was requested to the Defendant, but the Defendant did not confirm it, and did not perform its duties even after receiving KRW 20,000,000 from the down payment in order to proceed with the matters necessary for the construction permit and receive the building permit. The Plaintiff did not issue the performance guarantee insurance policy for the construction contract.

As the completion date of the instant construction contract was April 20, 2018, but did not proceed with the construction permit, the Plaintiff expressed his/her intent to cancel the instant construction contract to the Defendant on April 26, 2018.

Therefore, the defendant is in accordance with the cancellation of the contract due to default.