1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is against the defendant (Counterclaim plaintiff), 1420,000.

1. Basic facts

A. 1) On August 14, 2015, the Plaintiff entered into a sales contract (hereinafter “instant commercial building”) with the Defendant, Young-gu, Young-si C 301 (hereinafter “instant commercial building”).

(2) The sales price is KRW 480,000,000; KRW 10,000,000, out of the down payment of KRW 20,000,000, the remainder of KRW 10,000,000 shall be paid until August 17, 2015; and the remainder of KRW 420,000,000 shall be paid until September 24, 2015; and the sales contract (hereinafter “instant sales contract”). The sales contract shall be deemed as the sales contract that succeeds to the obligation to return the lease deposit equivalent to KRW 40,00,000,00 for D, the lessee of the instant commercial building (hereinafter “instant sales contract”).

(2) The main contents of the instant special agreement are as follows.

[Matters] [Special Agreement] - In the event of a contract, women's volatiles (E) will deposit 40 million won, monthly sales 1.4 million won (excluding value-added tax), and the contract is a contract under which the buyer succeeds to the contract until February 24, 2016, and women's volatiles (E) will be the contract under the condition that the contract would cover the commercial building of this case as of the expiration date of the lease term (the remaining lessee will be present).

On February 23, 2016, the Plaintiff expressed his/her intent to cancel the Plaintiff’s sales contract, sent to the Defendant a content-certified mail containing a declaration of intent to cancel the instant sales contract on the grounds of nonperformance of the obligation to deliver under the instant sales contract, and the said mail sent to the Defendant on February 24, 2016.

(hereinafter “this case’s content certification”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion did not deliver the instant commercial building at the time of the Plaintiff’s delivery of the certificate of content, and the date of the remainder payment of the instant sales contract continues to exist and eventually failed to attend D on September 14, 2015, which is the initial payment date. The instant sales contract is legitimate by the Plaintiff’s declaration of intent of rescission on the ground of the Defendant’s nonperformance of obligation.