계약금등반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 15, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase the commercial lot No. 1,988 square meters (hereinafter “instant land”) No. 2 in the Namyang Housing Site Development Zone (hereinafter “instant land”) from the Defendant for the purchase price of KRW 8,092,00,000, the Plaintiff agreed to pay KRW 809,236,80,000 for intermediate payment as of January 5, 2008 on the date of the contract, and the intermediate payment of KRW 3,236,80,000 for each of the remaining amounts of KRW 4,046,00 on July 5, 2008 (including the modified parts as set forth below) and the Defendant paid KRW 809,200,000 to the Defendant immediately after the conclusion of the sales contract (hereinafter “instant sales contract”).
B. The Plaintiff and the Defendant agreed to, in the instant sales contract, the cancellation of the sales contract where the purpose of the sales contract can not be achieved because the Plaintiff delayed the designation of the instant land and the transfer of ownership for a considerable period due to the Defendant’s cause attributable to the Plaintiff (Article 10(2)2). If the sales contract is cancelled due to the Defendant’s cause attributable to the Plaintiff, the Defendant returned the purchase price received from the Plaintiff by adding the statutory interest to the sales price received from the Plaintiff, and pay
(Article XI, Section 3). (c)
The Plaintiff, around August 2008, agreed with the Defendant as part of the instant land was incorporated into a road site and the size of 42.9 square meters has decreased to 1,945.1 square meters, reduced the sale price to 7,917,378,000 won, and changed on February 21, 2009 the remainder payment date to 791,737,800 won, which exceeds 10% of the reduced sale price, out of the down payment paid to the Defendant (i.e., 809,200, - 791,737,800 won). However, the Plaintiff did not pay the intermediate payment and the remainder by the due date stipulated in the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 11 through 13, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion.