1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 21, 2017, the Plaintiff entered into a contract with the Defendant to purchase the instant forest owned by the Defendant in the name of “A company D and seven others” (hereinafter “instant contract”). On the same day, the Plaintiff paid the down payment of KRW 130 million to the Defendant.

B. At the time of the instant sales contract, the Plaintiff and the Defendant set the remainder payment date on May 20, 2017, and deposited the remainder into the designated account by the buyer not later than the due date for the remainder of the contract as “matters of special agreement” and the said contract was null and void if the buyer fails to perform its obligation.

C. On May 19, 2017, the Defendant notified the Plaintiff of the balance payment plan and the personal information of the joint purchaser, and notified the Plaintiff to pay the remainder by May 31, 2017. However, on May 25, 2017, the Defendant expressed the Plaintiff’s intent to cancel the instant sales contract on June 8, 2017, the Plaintiff did not comply therewith.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, each entry of Eul 1 and 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The main purport of the parties’ assertion is that the Plaintiff did not provide the Defendant with the obligation to pay the remainder on the date of the payment of the remainder, and thus, the Plaintiff cannot be deemed to have caused the rescission of the instant sales contract solely on the ground that the payment date for the remainder was in excess of the payment date, and the above sales contract is still valid.

The defendant asserts that the sales contract of this case was lawfully rescinded due to the defendant's default of obligation to pay the balance.

B. In the real estate sales contract as to whether the contract of this case has been lawfully rescinded, even if the buyer fails to pay the price by the due date for the payment of the remaining amount, the buyer's remaining amount is automatically rescinded, barring any special circumstances.