1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

1. Basic facts

A. On May 10, 2016, the Plaintiff received sale of a building of 783 square meters and 82.64 square meters to be newly constructed on the land located in Gyeonggi-gun, Gyeonggi-do and its ground from the Defendant. The main contents of the said sale contract are as follows.

The 160-day 208,420,351 won 28,327,388 won 46,777 won 37,491,082 won 37,491,082 won - 491,082 won 582 won 58,491,492 won - the scheduled date of commencement of occupancy - 20% (15%) two times (15%) after the 40-day contract after the 80-day contract after the 40-day contract was concluded, 160-day after the 40-day contract was concluded: Provided, That where the occupancy is delayed due to a natural disaster or other circumstances, the purpose of the payment method is to supply the sale proceeds by the defendant under the above-mentioned method, and the plaintiff must supply the proceeds to the relevant person without the deposit account designated by the defendant within the due date (the payment method).

(3) The remaining gold (if there is a sales price in the form of a year, including the sale price and the late payment charge) shall be paid by the expiration date of the occupancy period notified by the defendant.

Provided, That the balance shall be paid in full before the expiration of the occupancy period.

- Section 3 (Cancellation of Contract) (1) When the defendant and the plaintiff have committed any of the following acts, the contract may be rescinded after peremptory notice if no performance is made:

(1) When a person fails to pay any balance within three months from the commencement date of occupancy, with a fixed grace period of at least 14 days and a peremptory notice has not been given twice or more due to a failure to pay such balance on at least two consecutive occasions.

B. Since then, the Defendant had undertaken the new construction of the building in accordance with the above sales contract, but the construction has not been completed until now, and the Plaintiff has occupied the building in which the scheduled date of commencement of occupancy stipulated in the above sales contract has yet to undergo an inspection for completion and has been living until now.

[Reasons for Recognition]