1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 31, 2018, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff, setting the selling price of “26,73,780 square meters for the contracted area of 307.92 square meters (247 square meters for exclusive use, 60.92 square meters for common use) of the block B1 unit of the D building E-building building,” with the Plaintiff as KRW 566,73,780 (hereinafter “instant sales contract”).

B. According to the instant sales contract, from March 31, 2018 to September 18, 2018, the Plaintiff paid a total of KRW 100 million (i.e., the remainder of KRW 466,773,780 (= KRW 566,73,780) - KRW 100,000) upon completion of the contract.

C. On November 12, 2018, the Plaintiff notified the cancellation of the instant sales contract on the ground that the Defendant did not complete the construction by October 30, 2018, as stipulated in the instant sales contract.

The defendant completed the detached house sold to the plaintiff and obtained approval from the head of the Suwon-si District Office on November 22, 2018.

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

2. On the Plaintiff’s assertion, the Plaintiff cancelled the instant parcelling-out contract on the grounds that the completion was delayed due to the Defendant’s cause attributable to the Plaintiff, and ② the Defendant asserts that the instant parcelling-out contract was terminated on the grounds that the trust relationship between the parties with respect to the completion was damaged and the contractual relationship cannot be maintained, and sought a refund of KRW 100

However, there is no dispute as to the fact that the completion date was set on October 30, 2018 in the balance payment column of the instant sales contract (A No. 1) but the Defendant did not dispute as to the determination that the completion date was scheduled as above. On the other hand, it can be somewhat modified according to the authorization schedule and process by setting the scheduled occupancy date in the above sales contract as a disturbance, and it is recognized that the accurate occupancy date was determined to be later notified.