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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 20, 2017, the Plaintiff entered into the instant sales contract with D (hereinafter “D”) with the Plaintiff to purchase KRW 372,39,000 as sales price for a detached canal well-type G complex H in the name of “F,” which is newly built in the land of the wife population E, etc. at the time D from D, (hereinafter “other canal well-known” for convenience). On July 27, 2017, the Plaintiff paid the down payment of KRW 37,239,000 in full.
B. On the other hand, on October 27, 2017, the Defendant received a total transfer of the business rights for the said other canal wells G complex from D, and succeeded to all the rights and obligations of D’s already sold households as a whole and exempted from liability.
C. On May 24, 2018, the Plaintiff prepared and issued a written request for cancellation of the instant sales contract (hereinafter “written request for cancellation”) to the Defendant.
At present, the defendant is currently proceeding with the construction of another canal system G complex.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 4, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Although the defendant's main point of the claim is determined or announced as at December 30, 2017 (the signboard of the construction site) or as at December 21, 2018 (the publicity data of the sales agency) or as at the latest, on December 21, 2018 (the notice to I to the buyer of the sales contract of the other canal apartment complex) at the time of the sales contract in this case and thereafter after the scheduled date of occupancy in the sales contract in this case, the defendant's main point of the claim delayed implementation due to the failure of the subcontractor's failure to observe the scheduled date of occupancy specified in the sales contract in this case due to the reasons attributable to the defendant, such as exercising the right of retention, failure to lend part payments, etc.
In addition, the written request for cancellation of this case is invalid because it was prepared without being aware of the situation of the defendant who was unable to properly perform the contract for sale of this case.
B. Determination 1.