1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 12, 2016, the Plaintiff entered into a contract with the Defendant to receive KRW 141,215,500 from the Jung-gu Incheon Metropolitan City Officetel 18 stories D (hereinafter “instant officetel”)

(hereinafter “instant sales contract”). B.

According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 14,122,00 on the date of the instant sales contract, and paid the intermediate payment of KRW 84,732,00 on six occasions from January 15, 2017 to September 15, 2018.

C. The scheduled date of entry into the instant sales contract is January 2019.

According to Article 9 of the contract for sale in this case, if the occupancy has been delayed for more than four months from the scheduled date of occupancy due to the defendant's reasons attributable to the cancellation of contract and penalty, the buyer may cancel the contract for sale in this case.

E. On December 6, 2018, the Defendant sent to the Plaintiff a notice for delay of construction to the effect that “the instant officetel construction has undergone unexpected changes in underground geological features in connection with the instant officetel construction, and earth and sand construction has been delayed for a long time due to reinforcement works, and is continuing construction with the aim of completing construction in May 2019.”

F. On January 4, 2019, the Plaintiff sent to the Defendant a certificate of content that the instant sales contract was destroyed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the claim

A. In January 2019, the Plaintiff’s summary of the Plaintiff’s assertion that the construction was delayed, and the Defendant’s construction work could be completed on May 2019.

As the Defendant constitutes the nonperformance of the obligation under the instant sales contract, the Plaintiff cancelled the instant sales contract, and sought the return of the down payment and the intermediate payment already paid.

B. Determination 1: (a) the instant officetel sets the occupancy time as January 2019; and (b) the Defendant.