1. The plaintiff's claim is dismissed.

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

1. On February 14, 2006, the Defendant concluded a sales contract with each sectional owner of the instant building to purchase KRW 153,00,000 (the contract amount of KRW 15,300,000,000 (the remainder is each payment within five months from the date of the down payment) of the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant on February 14, 2006, which carried out the housing construction project on the land outside Busan Dong-gu, Busan and 118, and the Defendant paid the down payment of KRW 15,30,000 to the Defendant.

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

2. The assertion and judgment

A. The plaintiff asserts that since the purchaser's right to implement the above housing construction project and the purchaser's status under the sales contract of this case are transferred or transferred in sequence to the plaintiff through the construction of the Dozter, D, and Mazung Construction, the defendant is obligated to execute the registration procedure for transfer of ownership based on the sales contract of this case with respect to the real estate of this case.

In this regard, the defendant asserted that the sales contract of this case was cancelled before the transfer or transfer of the buyer's status under the sales contract of this case, and thus, it did not accept the plaintiff's claim.

B. Even if there is an agreement that if the buyer fails to pay any balance by the due date for the payment of the balance, the contract shall be automatically rescinded, the intention and fact of the agreement shall not be deemed to have been automatically rescinded, unless the seller offers performance and causes delay in the performance of the buyer. However, the buyer fails to perform his/her obligation over several occasions.