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 to Gap evidence Nos. 2-1 and 2, it is recognized that on October 29, 2005, the contract was concluded with the defendant to purchase the real estate listed in the separate sheet (hereinafter referred to as "the instant real estate", and the five-story apartment house listed in the same list is referred to as "the instant building") of KRW 171,000,000 (the contract amount of KRW 17,100,000 was completely concluded with each sectional owner of the instant building; the remainder is within five months from the payment date of down payment) to purchase the purchase price of KRW 17,100,000 (the contract amount of KRW 17,100,000) from each sectional owner of the instant building (hereinafter referred to as "the instant sales contract"), and around that time, the contract was concluded with the defendant for down payment of KRW 17,100,000.

2. The parties' assertion and judgment

A. The plaintiff asserted that since the right to carry out the above housing construction project and the status of the purchaser under the sales contract of this case are transferred or transferred in sequence to the plaintiff through the construction of the Dozter Dozter, D, and Mazine Construction Co., Ltd., the defendant asserted that the plaintiff has the same obligation as that stated in the purport of the claim. Accordingly, the defendant asserted that the sales contract of this case was cancelled prior to the transfer or transfer of the purchaser's status under the sales contract of this case, and that the defendant did not comply with the above claim

B. Even if there is an agreement that the buyer of the real estate sales contract fails to pay the balance by the due date for the payment of the balance, the contract is automatically rescinded, the intention and fact of the agreement alone cannot be deemed as automatically rescinded unless the seller provides performance and causes delay in the performance. However, even if the buyer fails to pay the balance over several occasions, the buyer again requests the postponement of the due date for the payment of the balance and then the new agreement is made until the due date.