2. The costs of lawsuit shall be borne by the Plaintiff.

A. B entered into a sales contract with the Defendant on February 22, 2016 (hereinafter “instant contract”) with the content that the Defendant purchases KRW 165,485,900 for E and one parcel F hotel G on the ground of land supplied by the Defendant (hereinafter “instant contract”).

B paid 16,548,590 won to the Defendant.

B. On March 23, 2015, the Seopopopopo-si Mayor permitted the construction to the Defendant, and issued a certificate of completion of the commencement report that was made on March 16, 2016 on the scheduled date of commencement on February 12, 2016.

C. On June 2, 2016, the Plaintiff succeeded to the rights and obligations under the instant contract from B.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings

2. Around August 2017, the Defendant notified that the scheduled date of occupancy was extended from March 2018 to October 2018.

The contract of this case provides that the contract of this case may be rescinded when the occupancy has been delayed for more than three months from the original scheduled date, and 10% of the total supply amount shall be paid as penalty.

Accordingly, on September 2, 2017, the Plaintiff requested the Defendant to cancel the contract, return the down payment, and pay the penalty.

Inasmuch as the instant contract was rescinded, the Defendant is obligated to pay the Plaintiff the down payment of KRW 16,548,590 and the penalty of KRW 16,548,590 in total and KRW 33,097,180, and the damages for delay from September 3, 2017, which are the following day after the cancellation of the contract is notified.

3. Determination

A. Article 5(3) of the instant contract provides for the cancellation of a contract as follows.

"The plaintiff may rescind this contract in any of the following cases:

When the contract is terminated pursuant to this subsection, the defendant shall pay 10% of the total supply price to the plaintiff as penalty.

1. Where the occupancy has been delayed for more than three months from the original scheduled date of occupancy due to a cause attributable to the defendant: Provided, That the occupancy is due to force majeure, such as natural disasters or administrative orders unrelated to the defendant's cause.