1. The Defendant’s KRW 14,00,000 as well as 5% per annum from November 14, 2018 to December 19, 2018 to the Plaintiff.

1. In full view of the overall purport of the pleadings in the statement No. 2, No. 3, and No. 1, the Plaintiff entered into a sales contract with the Defendant around April 29, 2018 to purchase KRW 72,00,000 for the purchase price of KRW 564m2,00 (hereinafter “instant sales contract”) with the Defendant around April 29, 2018, and paid the Defendant the down payment of KRW 7 million on the 30th of the same month. Article 8 of the instant sales contract provides that the buyer compensates the buyer of the down payment at the time when the seller was breaching the contract, and the down payment cannot be filed as invalid, and the Defendant sold the said real estate to Nonparty D around October 12, 2018, and completed the registration of ownership transfer in the name of D.

2. The summary of the party's assertion is the cause of the claim in this case, and the defendant's obligation to transfer ownership was impossible by completing the registration of ownership transfer in the name of D on the above real estate. Thus, the contract in this case was revoked, and the defendant's claim against the defendant for the payment of the total of KRW 14 million including the down payment amount of KRW 7 million paid by the plaintiff and the estimated damages amount of KRW 7 million, the defendant asserted that the contract in this case was cancelled by failing to pay the intermediate payment and the remainder.

3. Determination

A. As seen earlier, the fact that the Defendant’s obligation to transfer ownership under the instant sales contract was omitted to an impossible performance, and the fact that the duplicate of the claim and the application for change of the cause of claim filed on October 29, 2018, stating the Plaintiff’s declaration of intent to rescind, is apparent in the record that it was served on the Defendant on November 13, 2018, barring special circumstances, the instant sales contract was lawfully rescinded on November 13, 2018.

B. As to this, the Defendant did not pay the intermediate payment and the remainder pursuant to the instant sales contract, and the Defendant expressed its intent to rescind the instant sales contract to the Plaintiff on or after the end of May 2018.