1. As to the Plaintiff, Defendant B, as to KRW 92,80,440 and KRW 81,707,390 among them, Defendant B, as to the Plaintiff, was from July 16, 2017, and KRW 11,093.

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant B”) is the executor of the new construction of the Ftel constructed in Daegu D and E (hereinafter “instant officetel”), and Defendant C Co., Ltd (hereinafter “Defendant C”) is the executor of the new construction of the instant officetel.

B. On May 26, 2016, Defendant B and G concluded a sales contract for the instant officetel H as follows (hereinafter “instant contract”).

0. Sale price: 110,930,50 won: 10%; 70% of the balance paid at the time of a contract (60% of the total purchase price for an intermediate payment by a financial institution) : 20%; and 0% of the scheduled date of occupancy at the time of occupancy: June 2016 (the scheduled date of occupancy may be changed by the process, and the accurate date of occupancy may be changed by the process, and the accurate date of occupancy) cancellation of a contract and the purchaser of a penalty may terminate or cancel the contract where the occupancy has been delayed for more than three months from the originally scheduled date of occupancy due to reasons attributable to the implementer and the contractor.

In such cases, 10% of the total amount of supply shall be paid to the other party as a penalty.

C. G paid the down payment of KRW 11,093,050 to Defendant B, and paid KRW 77,651,350 as an intermediate payment, including the financial institution’s loans, and paid KRW 88,744,400 in total in sales amount.

On March 15, 2017, the Plaintiff purchased the instant officetel sales right from G and succeeded to the rights and obligations under the instant contract.

E. The instant officetel was not completed until January 11, 2019, which was the date of closing the argument in the instant case, and the duplicate of the instant complaint containing an expression of intent to terminate the instant contract was served on the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. As to the plaintiff's claim against the defendant B, (1) cancellation of the sales contract, refund of the sale price, and the occurrence of the obligation to pay the penalty.