A. On September 2015, the Plaintiff entered into a sales contract with the Defendant to sell at KRW 268,30,000 the Pyeongtaek-si building 136 Dong (hereinafter “instant housing”) (hereinafter “instant sales contract”) that the Defendant sells as an executor, and at the Defendant’s request, concluded a sales contract again with the same content as the previous one on February 20, 2016.

The Plaintiff’s contract deposit under the instant sales contract to the Defendant for the same month, KRW 4,000,000 on September 6, 2015, and the same month.

9. A total of KRW 22,830,000 paid KRW 26,830,000.

B. Article 2(3) of the instant sales contract provides that “If the Plaintiff is unable to move into within three months from the scheduled date of move into due to the Defendant’s fault, the contract may be rescinded.” Article 3(2) of the instant sales contract provides that “When the contract is rescinded due to the cause falling under Article 2(3), the Defendant shall pay 10% of the total sale price to the Plaintiff as penalty.”

C. As to the instant housing, the occupancy was not achieved until the time when the instant lawsuit was filed ( February 2017), which was far more than three months from the scheduled date of occupancy pursuant to the instant sales contract ( August 2016).

The Plaintiff expressed his/her intent to cancel the instant sales contract by serving a duplicate of the complaint of this case on the ground that the occupancy of the instant house was delayed for not less than three months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and purport of the whole pleadings

A. According to the fact that the sales contract of this case was lawfully cancelled by the Plaintiff’s declaration of intent for delay of occupancy by the Defendant, the Defendant’s cancellation of the sales contract of this case following the Defendant’s cancellation.