1. The defendant is paid KRW 297,000,000 from the plaintiff, and at the same time, is not less than 1818 square meters in Ulsan-gun, Ulsan-gun.

1. Determination as to the cause of claim

A. 1) Ulsan-gun, Ulsan-gun, B 1818 square meters (hereinafter “instant land”)

(2) On March 26, 2012, the Plaintiff entered into a sales contract with the Defendant with the content that the Plaintiff shall purchase the instant land in KRW 330 million from the Defendant, and that the Plaintiff shall pay the down payment of KRW 330 million at the time of a contract, the intermediate payment of KRW 90 million shall be paid on June 26, 2012, and the remainder of KRW 198 million shall be paid on September 26, 2012 (hereinafter “instant sales contract”).

3) The Plaintiff paid the Defendant the down payment of KRW 33 million at the time of the instant sales contract. [Reasons for recognition: the fact that there is no dispute, each entry in the evidence Nos. 1 and 2, and the purport of the entire pleadings.

B. According to the above facts of recognition, the Defendant, except in extenuating circumstances, is obligated to pay the Plaintiff a total of KRW 297 million for the intermediate payment of the instant sales contract and the remainder, and to implement the registration procedure for transfer of ownership for the instant real estate based on the instant sales contract to the Plaintiff.

2. The defendant's assertion and the judgment thereon

A. The Defendant’s assertion that the Plaintiff did not pay the intermediate payment and the balance under the instant sales contract, and that Defendant intended to cancel the said sales contract, but was unable to notify the Plaintiff of the cancellation of the contract because the Plaintiff’s office was closed and contacted. Therefore, the said sales contract became null and void for three years after the contract was concluded.

I would like to say.

B. The person who wants to rescind a contract on the ground of the other party's non-performance in a bilateral contract which has the relation of simultaneous performance shall provide the other party with the performance of his own obligation in the simultaneous performance relationship, and if the other party's act is necessary in the performance of his obligation, he shall complete the preparation to perform at any time, notify the other party of his intention to receive it, and make the other party enter into the delay of performance.