1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).

1. Basic facts - On July 10, 2014, the Plaintiff: (a) sold real estate listed in the attached list (hereinafter “the apartment of this case”) to the Defendant for KRW 109,00,000; (b) paid the down payment of KRW 3 million on the same day; and (c) paid the remainder of KRW 106,00,000 on September 12, 2014, the Plaintiff completed the registration of ownership transfer.

- The defendant has occupied the apartment of this case around September 12, 2014 and has been residing until now.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, witness C, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination on the counterclaim, the Plaintiff is obligated to implement the procedure for the registration of ownership transfer on the instant apartment on July 10, 2014 to the Defendant according to the above sales contract.

(B) The plaintiff has a defense against the cancellation of the sales contract, and this is so decided as follows.

(1) The Plaintiff’s assertion was paid KRW 3 million out of the sales amount after the above sales contract was concluded by the Defendant, and thus, the said sales contract was cancelled in repayment of the amount.

Therefore, since the defendant without title occupies the real estate of this case, he has the duty to issue an order to the plaintiff to clarify the real estate of this case.

(2) A. (A) Before the buyer commences the performance of the contract, the seller may cancel the contract by repaying the amount of the down payment and cancelling the contract. However, this cancellation becomes effective immediately by notification and later, not only by the seller’s obligation to repay the down payment but also by the seller’s obligation to reimburse the amount of the down payment received by him/her at least by paying or providing the performance

(See Supreme Court Decision 91Da33612 delivered on July 28, 1992, etc.). However, in the case of this case, the Plaintiff entered into a contract at the time when the Plaintiff expressed its intent to cancel the contract.