A. On September 4, 2007, the Plaintiff purchased real estate listed in the separate sheet (the registration of initial ownership was completed on January 31, 2008; hereinafter “instant real estate”) from the Defendant in the purchase price of KRW 400,000,000, and agreed that KRW 50,000 for the first intermediate payment of KRW 100,000 on the date of the contract, and the first intermediate payment of KRW 100,000 on October 30, 2007, the remainder of KRW 150,000 shall be paid on the date of occupancy, and the remainder of KRW 10,000,000 shall be replaced with the loan that the Defendant extended.

(hereinafter “instant sales contract”). B.

Accordingly, on September 4, 2007, the Plaintiff paid 50,000,000 won for down payment, 100,000,000 won for intermediate payment on October 8, 2007, and 150,000,000 won for remainder payment on February 25, 2008.

C. However, on February 10, 2014, the procedure for compulsory sale by official auction (Sasan Branch of Daejeon District Court) commenced on the instant real estate, and on November 6, 2014, the procedure for the said compulsory sale by official auction was sold to Nonparty B and the registration of ownership transfer was completed.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the obligation of the Defendant to transfer ownership to the Plaintiff under the instant sales contract shall be deemed to have become impossible due to the Defendant’s cause attributable to the Plaintiff, and it is apparent in the record that the copy of the instant complaint, indicating the Plaintiff’s intent to cancel the instant sales contract on October 27, 2014, was served on the Defendant on the grounds that the obligation of the Defendant to transfer ownership was impossible. Thus, the instant sales contract was lawfully rescinded on October 27, 2014.

Therefore, barring any special circumstance, the Defendant, as the restitution to the Plaintiff following the termination of contract, shall be KRW 300,000,000,000, total sum of the down payment, intermediate payment, and remainder paid by the Plaintiff, and as the Plaintiff seeks, 5% per annum as prescribed by the Civil Act from February 26, 2008, which is the date of delivery of a copy of the complaint of this case, to October 27, 2014, and shall be repaid from the next day.