수분양자지위부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The following facts may be acknowledged as either in dispute between the parties or in each entry in Gap evidence 1 to 5, by integrating the whole purport of the pleadings:
The non-party re-security oil Co., Ltd. (hereinafter referred to as the "re-security oil") is the executor of the business (hereinafter referred to as the "the project of this case") that newly constructs and sells the building C on the land outside B and five parcels of land in Hanan-si, and the plaintiff is the contractor awarded a contract for the construction of the building of this case from the re-security oil on March 28, 2003.
B. On March 30, 2004, the Defendant entered into a contract to purchase KRW 63,648,000 (hereinafter “sale contract in this case”) on the second floor of the instant building (11.47 square meters of supplied area, 1.03 square meters of site area) between the Plaintiff and the Plaintiff’s re-security oil.
According to the instant sales contract, the Defendant paid the down payment of KRW 12,730,000 on the contract date, the intermediate payment of KRW 6,365,00 on five occasions, and the remainder of KRW 19,095,00 on the designated date of the sales contract.
The main contents of the instant sales contract are as follows.
Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:
5. The date of payment of remainder shall be the date of designation of shop occupants notified in writing separately.
Article 3 (Transfer of Ownership)
1. The defendant shall pay the sale price, arrears, management expenses, advance payment, etc. in full, and apply for the delivery of transfer of ownership to the re-security deposit within one month from the date the public book for re-security is completed, and shall complete the transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is
Article 8 (Entry Points and Business)
2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.
Article 15 (Termination of Contract)
1. Re-security shall terminate this contract without due process, such as peremptory notice, in the following cases for the management of the contract: