매수인지위확인청구
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 25, 2016, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with a view to purchasing KRW 3,011,904,00 for the purchase of land of KRW 1,137 square meters located in a D-based commercial district created within C (hereinafter “instant sales contract”).
The main contents are as follows:
Article 1 [Sale Price and Payment Method] of the Notice of Site for Sale and Purchase CD-centered Commercial 1,137.0 of a project district (location) shall be as follows: (a) the first intermediate payment of KRW 301,190,400, and the second intermediate payment of KRW 903,571,200 on March 24, 2017; (b) the remainder of KRW 903,571,200 on January 23, 2018; and (c) the sales price and payment method of the target site of KRW 3,01,90,000 on the date of the separate payment agreement; (d) the first intermediate payment of KRW 903,571,200 on January 23, 2018;
Article 7 (Loss of Due Date) Where a plaintiff falls under any of the following subparagraphs, the defendant may, notwithstanding the method of payment under Article 1, immediately, allow the plaintiff to pay the full amount of the unpaid purchase price (including overdue interest):
1. Where the number of days in arrears due to the unpaid purchase price, etc. of the plaintiff exceeds 60 days, and the defendant fails to pay it even after setting a grace period of at least 30 days, even if the defendant has given a peremptory notice, Article 8 [Cancellation or Termination of Contracts] (1) In any of the following cases, the defendant may cancel
5. Where the Plaintiff has lost a fixed-term profit due to a cause under any subparagraph of Article 7 and failed to pay the full amount of the purchase price within 30 days even though the Defendant was demanded to immediately pay it.
Article 10 [Expression of Intention and Duty to Notify] (1) Any declaration of intention relating to the contract of this case shall be made in writing.
③ The Plaintiff, after the date of the conclusion of the instant sales contract, changes the representative director, trade name, address, or the location of office, etc. to the Defendant immediately.