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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on the sales contract dated January 31, 2017.
1. The facts subsequent to the facts do not conflict between the parties, or are recognized by taking account of the overall purport of the pleadings in the entries in Gap evidence 1, evidence 2-1 to 3, evidence 3-1 to 4, Gap evidence 4, 5, and 7.
A. On January 31, 2017, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant from the Defendant in the purchase price of KRW 260 million, and determined that the purchase price shall be KRW 5 million on the day of the purchase; KRW 21 million on February 1, 2017; KRW 20 million on the intermediate payment; KRW 20 million on March 22, 2017; and KRW 214 million on April 3, 2017; and the Defendant shall deliver all documents on the ownership transfer registration and the cancellation registration of the establishment registration of a mortgage near the instant real estate, which is completed on the payment date of the remainder; and shall give written peremptory notice and rescind a contract in the event of default.
(hereinafter “instant sales contract”). The Plaintiff paid the down payment and intermediate payment to the Defendant.
B. On April 11, 2017 and April 24, 2017, the Defendant declared that the instant sales contract will be rescinded on the grounds of the Plaintiff’s outstanding balance over two occasions, and reached each time.
C. On April 19, 2017 and April 26, 2017, the Plaintiff provided payment of the remainder with a check of KRW 214 million, but the Defendant refused to receive the remainder.
On May 17, 2017, the Defendant deposited KRW 20 million on the deposit ground that the Plaintiff’s failure to pay the remainder of the sales contract of the instant case and intended to cancel the Plaintiff’s failure to pay the remainder and return the intermediate payment, and the Plaintiff refused to receive the payment.
(Seoul Eastern District Court No. 1842). e.
On May 23, 2017, the Plaintiff deposited KRW 214 billion with the Defendant as the principal deposit and the Defendant’s refusal to receive the remainder as the cause of deposit.
(Seoul District Court Seosan Branch of Daejeon District Court No. 488 of 2017). 2. Judgment on the grounds of the claim No. 1.A.
According to the facts stated in the paragraph, the defendant.