A. On June 13, 2013, the Plaintiff entered into the instant sales contract with the Defendant and the Defendant to purchase the purchase price of KRW 310 million (the contract amounting to KRW 40 million on the date of the contract, the intermediate payment of KRW 190 million on the date of the contract, and the intermediate payment of KRW 190 million on July 13, 2013) as the purchase price of KRW 1,382 square meters, D 42 square meters, E 207 square meters, E, and E 207 square meters (hereinafter “instant real estate”).

In the instant sales contract, the Defendant transferred a river site occupancy permit to the Plaintiff and obtained a permit to change the form and quality of the instant real estate to the Plaintiff. The Plaintiff agreed to obtain a permit to change the form and quality of the instant real estate and pay the remainder to the Defendant after a week.

B. Meanwhile, in the instant sales contract, when the Defendant violated the agreement, he agreed to reimburse the amount of the down payment and to waive the down payment when the Plaintiff breached the agreement.

C. On June 14, 2013, the Plaintiff paid to the Defendant KRW 40 million, the intermediate payment of KRW 190 million on August 9, 2013, and KRW 30 million on September 30, 2013, which is part of the remainder.

The defendant did not transfer the above permission, etc. to the plaintiff even after August 13, 2013, which was later than the day after August 13, 2013 when the defendant agreed to change the form and quality, and the plaintiff claimed the performance thereof, but the defendant did not perform it.

Accordingly, on July 17, 2014, the complaint of this case, including the Plaintiff’s declaration of intent to cancel the instant sales contract, was served on the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. According to the above facts of recognition, although the defendant's obligation to transfer each of the above permissions is an obligation incidental to the duty to transfer ownership, it is important for the parties to the contract as the main contents of the contract. Thus, the plaintiff may rescind the sales contract of this case on the ground that the defendant's delay

(3) the cancellation of the contract.