1. The plaintiff's appeal against the main claim is dismissed.

2. The plaintiff's ancillary claim added at the trial.

1. Basic facts

A. On August 12, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate in KRW 280,000,000 (hereinafter “instant sales contract”).

B. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant paid the down payment of KRW 30,000,000 on September 12, 2013, respectively, and the intermediate payment of KRW 50,000,000 on the day of the instant sales contract, and agreed to pay the remainder of KRW 200,000,000 at the same time as the transfer registration and delivery of ownership of each of the instant real estate on October 11, 2013. Accordingly, the Plaintiff paid the down payment of KRW 30,000 to the Defendant on the day of the instant sales contract.

C. However, since the Defendant leased the instant building to C before the conclusion of the instant sales contract until March 2015, the Defendant failed to deliver each of the instant real estate to the Plaintiff by October 11, 2013, which is the remainder payment date, because it leased the instant building to C before the conclusion of the instant sales contract.

(However, the Defendant agreed with C to deliver the instant building by October 29, 2013, and paid KRW 9,800,000 to C on October 16, 2013 as security deposit, etc., and received delivery of the instant building from C around that time). [The grounds for recognition] The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 2, Eul evidence No. 2 through 5 (including serial numbers if any), and the purport of the entire pleadings, as a whole.

2. Judgment as to the main claim

A. The Plaintiff and the Defendant agreed to cancel the instant sales contract, as the Defendant, around October 11, 2013, did not deliver each of the instant real estate to the Plaintiff by October 1, 2013, and the Plaintiff did not so.

Even if the sales contract of this case was legally rescinded by delivery of a copy of the complaint of this case due to the Defendant’s nonperformance of the above duty of delivery, the Defendant is obligated to pay KRW 30,000,000 to the Plaintiff as part of the damages stipulated in Article 6 of the real estate sales contract of this case.

B. First, as to the allegation of cancellation of agreement.