1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 29, 2016, the Plaintiff entered into a sales contract with the Defendant for approximately KRW 32,180,000 and the down payment of KRW 10% of the total supply amount (hereinafter “first sale contract”) with respect to the commercial buildings in Suwon City (hereinafter “instant commercial buildings”) on the second floor 209 (hereinafter “instant commercial buildings”). On August 29, 2016, the Plaintiff paid the Defendant KRW 33,37,90 as the down payment, and KRW 33,218,00 as the down payment.

B. On May 2, 2017, the Plaintiff wired KRW 33,214,040 as the down payment increased to the account designated by the Defendant, and the same year.

6. 16. Along with the Defendant, a supply contract consisting of the total supply amount of KRW 332,140,400, and down payment (20% of the total supply amount) KRW 66,428,080 with respect to the instant commercial building (hereinafter “second-sale contract”).

C. The above contract provides that "the scheduled date of occupancy: during the 20 year period (if the contract is somewhat altered according to the process, then the contract may be rescinded)", and Article 3 (3) provides that "the contract may be rescinded if the occupancy is delayed for more than three months from the original scheduled date of occupancy due to the reasons attributable to the defendant," and Article 4 (3) provides that "the defendant shall pay 10% of the total supplied amount to the plaintiff as penalty when the contract is rescinded due to the reasons falling under Article 3 (3)."

On February 6, 2018, the Plaintiff sent to the Defendant a certificate of content that the contract will be rescinded on the ground that the obligation to comply with the scheduled occupancy date is impossible, and the Defendant was in the same month.

7. The receipt was made.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was anticipated to move into around October 2018 at the time of entering into the second sale contract of this case, but even after entering into the second sale contract of this case, the construction of this case was delayed and delayed, and the second sale contract of this case was concluded.