A. The Plaintiff is a person who completed the registration of transfer of ownership on July 12, 2005 with respect to eight square meters prior to C before macro-si (hereinafter “instant real estate”).

B. On August 17, 2012, the registration of ownership transfer was completed in the name of the Defendant on the ground of sale as prescribed by Article 40366, which was received from the Changwon District Court Daowon District Court (No. 40366).

C. On August 16, 2012, prior to the registration of transfer of ownership, the Plaintiff entered into a sales contract with D, the Defendant’s wife, and 18.3 million won for the instant real estate, on the day the down payment is paid to KRW 18.3 million and the remainder KRW 16.47 million was paid until September 20, 2012. The registration of transfer of ownership under the Defendant’s name was practically effected based on the said sales contract.

After that, the Plaintiff did not receive the above sales balance until 2014.

Accordingly, on February 5, 2014, the Plaintiff urged the Defendant to pay the remaining purchase and sale amount of KRW 16470,000,000 to February 14, 2014, and sent a mail to the effect that the sales contract will be terminated in the event that the remaining purchase and sale amount is not paid until that date.

However, the Plaintiff was not paid the remaining trade by February 14, 2014.

[Ground] Facts without dispute, Gap 1-3 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, even though the Plaintiff notified the payment of the remaining purchase and sale amount by February 14, 2014, it was not paid, so the sales contract was lawfully rescinded.

(D) The contents of the sales contract are judged to have been succeeded to the defendant as they are).

As to this, the defendant alleged that the plaintiff continued to pay the sale balance after September 20, 2012, but there is no evidence to acknowledge it.

[A evidence 2] The payment period of the remainder is stipulated as September 20, 2012 in the real estate sale contract, and about one year and nine months from the payment period of the remainder as of the closing date of the pleading in this case.