1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 112,454,297 from the plaintiff.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In full view of the facts acknowledged before the judgment as to the cause of the Plaintiff’s claim, the Plaintiff entered into the instant sales contract with the Defendant on November 13, 2014, and delivered the instant building to the Defendant on November 17, 2014, and completed the registration of ownership transfer on December 17, 2014, but the Defendant did not pay 23,000,000 out of the purchase price under the instant sales contract on December 17, 2015, the remainder payment date, and the Plaintiff did not pay the remainder defect repair even after the completion of the repair work. As such, it is evident in the record that the Plaintiff’s declaration of intent to cancel the instant sales contract on March 25, 2015, including the Plaintiff’s declaration of intent to cancel the instant sales contract on the ground of the Defendant’s nonperformance of obligation to pay the remainder, and thus, it is reasonable to view that the instant sales contract was lawfully rescinded by the Defendant’s delay of performance.

Therefore, barring special circumstances, the Defendant is obligated to complete the registration procedure for cancellation of ownership transfer registration of this case to the Plaintiff as a result of the cancellation of the instant sales contract, and to leave the building of this case.

The defendant's assertion that there is no obligation to pay the remainder of the building in this case due to the failure to perform the defect repair as to the defendant's assertion that there is a defect in water leakage due to the difference in the exhaustion on the rooftop. Besides, there are various defects, such as cracks in the parking lot, traps construction and malfunction construction due to traps construction, cracks and ruptures on the right side of the stairs projected on the rooftop, and the cracks of the outer wall of the building, so there are no obligation to pay the remainder until the plaintiff repairs the said defect.

Therefore, the Plaintiff may rescind the instant sales contract unless there is a cause attributable to the Defendant.