A. The defendant is a company that constructed and sold an Maccoun hotel (hereinafter "the hotel of this case") on the land of 354-32 of the Maccounri, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun, the 15th above ground size. The plaintiff is a company that entered into a sales contract, etc. for some guest rooms among the hotel of this case through a Asian trust, a company that is a sales agent (hereinafter " Asian trust").

B. On July 4, 2015, the Plaintiff concluded a sales contract and a lease contract with the Defendant to purchase the instant hotel B from the Defendant (including value-added tax) on KRW 183,202,250 (including value-added tax), and the sales contract with the Plaintiff to purchase the instant hotel C from KRW 184,287,250 (including value-added tax) (hereinafter the above two guest rooms collectively referred to as “each of the instant real estate”; and the two contracts for the sale are collectively referred to as “each of the instant sales contracts.”

(2) Article 3 of the sales contract of this case provides that the Defendant may cancel the sales contract of this case under Paragraph (1) and Paragraph (2) and Paragraph (3) of this case. Paragraph (3) of this case provides that the Defendant may cancel the sales contract of this case, and Paragraph (3) of this case provides that the Plaintiff may cancel the contract where the Defendant received a corrective order from the competent permitting authority under Article 9 of the Act on Sale of Buildings.

According to Article 4 of each contract for sale in this case, if the contract is terminated due to the reasons falling under Article 3, the defendant bears the obligation to return the already received price and the plaintiff bears the duty to restore the object of sale. Thus, it is used not as the "cancellation" in the original meaning that the contract is terminated for the future, but as the term "cancellation" is retroactively extinguished.

However, in the following cases, the expression “cancellation” is expressed in accordance with the language and text of the contract: