1. The plaintiff's claim is dismissed.

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

1. On January 2018, the Plaintiff’s summary of the Plaintiff’s assertion: (a) was aware of a luxal rain for a pair of three parcels, which are expected to be delivered to the next month; (b) the Defendant, via the Internet, entered into a sales advertisement for “D” newly built in the Southern-si Co., Ltd.; and (c) the Defendant, at the time, advertised the scheduled occupancy date of the instant apartment around February 2019.

On January 27, 2018, the Plaintiff entered into the instant supply contract with the Defendant on the basis of the fact that the scheduled occupancy date was around February 2019, with the supply of E units of the above building (hereinafter “instant apartment”) at KRW 298 million from the Defendant.

After that, the Plaintiff paid 29,800,000 won to the Defendant.

However, on May 4, 2018, the Defendant, without notice and guidance that the scheduled date of occupancy was delayed due to the delay of construction, etc., changed the sales contract form written by the person in charge of sale to the printed contract form, and had the Plaintiff seal it on the supply contract form as stated on May 31, 2019.

The defendant violated the scheduled occupancy date, which is a significant matter of the supply contract of this case. The plaintiff cancelled the above supply contract by service of the copy of the complaint of this case, and claimed against the defendant for the payment of KRW 59.6 million in total, the sum of KRW 29.8 million in the amount equivalent to the already paid contract deposit and the down payment amount.

2. As alleged by the Plaintiff, we examine whether the grounds for cancellation of the instant supply contract, namely, whether the Defendant violated the scheduled occupancy date.

In light of the following circumstances, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings, the objective data to know when the first scheduled date of occupancy was the date of the first scheduled date of occupancy was not submitted. However, after the conclusion of the supply contract of this case, the plaintiff and the defendant prepared the supply contract of this case on May 4, 2018, and changed the remaining date of May 31, 2019 as of May 31, 2019 and changed the date of approval for use.