전부배상
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. Basic facts
A. The defendant is an association with the purpose of building commercial buildings in lots supplied to persons subject to livelihood measures as part of the living measures related to D development projects implemented by the Korea Land and Housing Corporation and selling them to its members. The plaintiff and C are the members of the defendant.
B. The Defendant’s members held an inaugural general meeting on March 23, 2008 and elected E as the president of the partnership at a unanimous meeting and passed the articles of association.
C. On June 9, 2008, the Defendant entered into a sales contract with the Korea Land and Housing Corporation at KRW 1,083,380,000 with respect to the instant land (hereinafter “instant land”). At the time, the Defendant paid the purchase price to the Korea Land and Housing Corporation for the installment payment of KRW 1,083,380,000,000 (hereinafter “instant sales contract”). At the time, the purchase price was the installment payment of the principal due to the separate payment agreement (including the contract deposit), including the contract deposit, on June 9, 2008, in installments of KRW 108,338,000,000, KRW 942,000,000,000, KRW 10,000,000 on June 25, 2009, 200, KRW 12,126,636,646,636,207,64,207,605,6,207.
In addition to the payment of a contract deposit of KRW 108,338,00 and partial installments of KRW 36,140,850 under the instant sales contract to the Korea Land Corporation, the Defendant failed to pay the remainder by June 4, 2010, which is the date of the final payment agreement. The Korea Land Corporation has made an installment payment of KRW 108,38,00 and KRW 36,140,850. The same year
2. 12.12.2
3.6. The Defendant sent a peremptory notice of installment payment and a scheduled cancellation notice.
E. Nevertheless, the Korea Land Corporation, where the Defendant did not pay the installment, cancelled the instant sales contract, and reverted KRW 108,338,000 to the Korea Land Corporation on April 26, 2013, and then paid KRW 36,140,850 as the principal of the installment paid by the Defendant, and KRW 44,047,270 as the Incheon District Court Decision 2037,037, supra.