1. The plaintiff's claim is dismissed.

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

1. In full view of the purport of the entire pleadings as stated in the evidence No. 2-1 and No. 2-2 of the basic facts, it is recognized that, on October 30, 2005, the Defendant entered into a sales contract to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) of KRW 141,00,000 (the contract amount of KRW 14,100,000,000 (the contract amount of KRW 14,10,000) with each sectional owner of the instant building at the time when the sales contract was completely concluded with each sectional owner of the instant building, the remainder is within five months from the payment date of the down payment (hereinafter “instant sales contract”), and at that time, the Defendant paid the down payment amount of KRW 14,100,000 to the Defendant.

2. The parties' assertion and judgment

A. The Plaintiff asserted that, inasmuch as the Plaintiff’s right to implement the instant housing construction project and the status of the purchaser under the instant sales contract are transferred or transferred in sequence to the Plaintiff through the construction of the bareboat Round, D, and broadband, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant real estate at the time of receiving payment from the Plaintiff (i.e., purchase price of KRW 126,900,000 (i.e., purchase price of KRW 141,000 - down payment of KRW 14,100,000).

The defendant asserts that since the contract of this case was terminated before the transfer or transfer of the buyer under the contract of this case by the plaintiff's assertion, the plaintiff's claim cannot be complied with.

B. Even if there is an agreement that if the buyer fails to pay any balance by the due date for the payment of the balance, the contract is automatically rescinded, the intention and fact of the agreement shall be alone, unless the seller provides performance and causes delay in the performance of the buyer.