1. The Defendant (Counterclaim Plaintiff) is the Changwon District Court regarding each real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

The main lawsuit, counterclaim is also considered.

1. Basic facts

A. On November 12, 2010, the Plaintiff concluded a sales contract to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant for KRW 570 million (hereinafter “instant sales contract”).

B. As to the payment under the instant sales contract, KRW 57 million was paid on the date of the contract, and the remainder amounting to KRW 513 million was paid by December 30, 2010, and the remainder should be registered at the same time as the remainder payment was made without intermediate payment.

2. The final balance shall be paid at the latest by December 30, 2010 after completion of civil engineering works;

3. The registration of a pre-sale price shall be made simultaneously with the contract;

Provided, That this contract shall be null and void if it is not performed.

"The special terms exist."

B. The Defendant paid KRW 46,803,536, which is a part of the down payment under the instant sales contract, but did not pay the remainder of the down payment and the remainder by the payment date.

C. The Plaintiff sent a peremptory notice to the Defendant several times after the payment date of the remainder, but the Defendant failed to pay the remainder, and the Plaintiff filed the instant lawsuit on February 17, 201, and on March 30, 2011, which was after the delivery of the instant complaint, to B on March 30, 201.

8. The registration of ownership transfer was completed due to sale.

[Ground of recognition] Facts without dispute, Gap 1 through 8, 10 through 12, Eul 1, and the purport of the whole pleadings

2. The party's assertion and judgment

A. Since the sales contract of this case was cancelled on the ground that the defendant's delay in the payment of the remainder of the plaintiff's assertion, the defendant has a duty to cancel the provisional registration of this case for restitution.

B. The defendant's assertion that the plaintiff 1 should provide for the performance of his duty of ownership transfer registration and give notice of the cancellation of the contract after setting a reasonable period, but this procedure is not followed.