A. On April 10, 2017, the Plaintiff entered into a contract with the Defendant for the sale of the Fho Lake canal wells constructed on the ground of 460 square meters of land partitioned into the said C (hereinafter “the instant other canal wells”) with the Defendant for KRW 310 million of the sale price, while running the business of constructing and selling Dl canal wells on the ground of Dagjin-si prior to the subdivision.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

The indication of the object of sale [location] The area of land in Chungcheongnam-gu, Chungcheongnam-do: The area for exclusive use of 460 square meters, 139 square meters for public use, and 599 square meters for a contract area: the area for exclusive use of 85 square meters, balcony area of 16 square meters, service area of 23 square meters, and the contract area of 124 square meters: The sale amount in blank: The second intermediate payment of the first intermediate payment of the contract deposit, which is divided by Article 1 (Methods of Payment) of the daily gold-day, the due date for the payment of the second intermediate payment of the down payment of the contract deposit, shall be April 10, 2017, and the amount of KRW 10,000,000 won shall be KRW 12,00,000 won per April 12, 2017 (Cancellation of the contract).

2. “B” may cancel this Agreement if it is impracticable to move into within three months from the date of designation of the occupancy due to the reasons attributable to “A (Plaintiff)”.

5. “B” may, on its own account, request the cancellation of this Agreement.

Provided, That this contract may be rescinded only where the payment of part payments is made at one time, or where "A" is recognized as "A" after the performance of the contract is commenced.

B. From April 10, 2017 to April 12, 2017, the Defendant paid to the Plaintiff a total of KRW 30 million, each of which was KRW 10 million. The Plaintiff completed the instant canal system and notified the Defendant of the occupancy date. On August 17, 2018, the Defendant completed the registration of initial ownership relating to the instant canal system.

2. Determination

A. Article 23(1) of the Registration of Real Estate Act on the one-time claim for acquisition of ownership transfer registration to determine the cause of the claim is jointly made by the person entitled to make a registration and the person liable for registration.