1. The Defendant’s KRW 46,00,000 and the Plaintiff’s annual rate of KRW 5% from January 19, 2018 to February 14, 2019.

1. Facts of recognition;

(1) On July 2016, the Defendant concluded a contract to E Co., Ltd. (hereinafter “E”) for construction of D (a business facility of 14th floor size) on the ground of Yangsan-si, for construction of the instant building at KRW 2,730,00,000. On February 2017, E awarded a subcontract to F for the construction of the instant building at KRW 366,00,000 for interior, drawing, floor, furniture, and Clvesting construction of the instant building among the construction of the instant building.

d. F was supplied with a kitchen device from the Plaintiff on April 2017. The Plaintiff discontinued the supply of the kitchen device on May 2017, if F did not pay the price to the Plaintiff.

Secondly, the Plaintiff entered into a sales contract with the Defendant, the owner of the instant newly constructed building, to sell G units (hereinafter “instant units”) of the instant building at KRW 179,80,000 as a payment in lieu of the price for the main apparatus unpaid on May 8, 2017 (hereinafter “instant sales contract”).

x. According to the instant sales contract, the Plaintiff and the Defendant determined down payment of KRW 46,00,000, and did not set the intermediate payment or the remainder and the scheduled date of occupancy, but as a special agreement, determined that “the sales contract amount is deducted from the household construction cost of the instant building as the substitute price for the instant building,” the sales contract amount is deducted from the household construction cost.

(v) However, on September 15, 2017, the Defendant completed the registration of ownership transfer with respect to the instant subparagraph (Ga) on September 15, 2017 to H on the ground of sale as of September 15, 2017.

⑹. 원고는 피고에게 이 사건 소장부본의 송달로서 이 사건 G호에 관한 소유권이전등기의무의 이행불능을 사유로 이 사건 분양계약을 해제한다는 의사표시를 하였다.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's sales contract of this case was cancelled due to the reasons attributable to the defendant, and the defendant.