A. On July 29, 2013, the Plaintiff sold real estate (hereinafter “instant real estate”) as indicated in the separate sheet to the Defendant in KRW 461,90,000, and entered into a contract to change the sale price as follows.

The installment payment amount 46,190,000 of the contract date of the installment payment 23,000,000 of the intermediate payment on October 18, 2013 plus 461,90,000,000 of the remainder 392,710,000 on December 18, 2013 * the sale payment schedule * the real estate contractor of the instant case promises to pay the sale price in accordance with the above payment schedule * If the said amount was not paid on the agreed date, the contract shall be rescinded, and if the said amount was not paid on the agreed date, the contract shall be rescinded and the objection shall not be raised even if it is reverted to the Plaintiff as penalty.

B. The Defendant paid the Plaintiff the down payment of KRW 46,190,000 on the day of the contract, and KRW 23,000 as the intermediate payment on October 18, 2013, but did not pay the remainder of KRW 392,710,000 until December 18, 2013, which was the remainder payment date.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 (including virtual number), the purport of the whole pleadings

2. As seen earlier, the fact that the Defendant did not pay any balance on the agreed date, and it is apparent that the instant complaint containing the Plaintiff’s declaration of intent to rescind was served on the Defendant. As such, the instant sales contract was lawfully rescinded due to the Defendant’s nonperformance of obligation.

As long as the defendant disputes the status of a buyer based on the sales contract concluded on July 29, 2013, the plaintiff has a benefit of confirmation.

3. citing the Plaintiff’s claim.