계약해제무효확인청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 18, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant on the sales price of KRW 4,941,56,820 (including additional tax; hereinafter the same) with respect to the real estate (hereinafter “instant real estate”) other than Seogpo-si 494, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 494, 101, and Seopo-si, Seopo-si, Seopo-si, Seopo-do, 100, and paid the Defendant the down payment amount of KRW 27,50,000 on the same day.
However, the Plaintiff did not pay the remaining sales price of KRW 4,714,016,820 until July 18, 2016, which was stipulated as the date of payment in the instant sales contract.
On December 14, 2016, the Defendant notified the Plaintiff of the cancellation of the instant sales contract pursuant to Articles 11(1) and 11(3) of the instant sales contract on the grounds of the Plaintiff’s nonperformance of the obligation to pay the remainder.
[Ground of recognition] Unsatisfy, entry of Gap evidence 5 through 8 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Although the Plaintiff’s summary of the Plaintiff’s assertion failed to pay the remainder under the instant sales contract until the due date, in response to the Defendant’s demand, the Plaintiff paid KRW 50,000,000 as interest for the remainder of the sales price, and KRW 20,000,000 on October 5, 2016, respectively. On December 14, 2016, without any specific performance notice, the Plaintiff, who rescinded the instant sales contract, appears to be in error in the cancellation of the sales contract, although the Plaintiff appears to have indicated it as the termination of the sales contract on December 14, 2016, without any specific performance notice.
However, since the Plaintiff’s obligation to pay the remainder and the Defendant’s obligation to transfer ownership are concurrently performed, in order to cancel the instant sales contract, the Defendant should have notified the Plaintiff of the performance of the remainder with all the documents required for the registration of transfer of ownership of the instant real estate.