계약해제확인
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant stated each real estate listed in the separate sheet (hereinafter “the entire land of this case”) as “52 household units” in the preparatory documents, etc. on December 6, 2019, 7 and 54 of the Defendant’s 2019, using each real estate as the project site. However, since the prior written opinion of review (Evidence 5) on the urban planning of housing construction projects in the year 2018 and the written report of review (Evidence 6) on disposal as “54 household units,” it appears that the original project of this case was scheduled to have planned 54 household units, and the result (Evidence 2) of the holding of the 17th Urban Planning Committee in the year 2018 is written as “52 household units,” it appears that the subsequent 52 household units have been reduced.
In order to promote the business of constructing and selling a household (hereinafter “instant multi-family housing”) (hereinafter “instant business”), the Defendant entered into a real estate sales contract (hereinafter “instant sales contract”) with the Plaintiff on December 18, 2016, with the content that the Plaintiff purchases 1/2 of the total area of the instant entire land, 5,040 square meters (hereinafter “each of the instant land”) from the Plaintiff.
The main contents of the sales contract of this case are as follows, and Paragraph 7 of the special agreement is "the agreement on the payment date of the balance of this case".
Real estate sales contract (Evidence A No. 1-1)
2. Article 1 (Purpose) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount in the same manner as in the future, by agreement, for half of the entire land of this case.
The purchase price of KRW 1,753,00,000 for down payment of KRW 170,000 shall be paid at the time of the contract, and the intermediate payment of KRW 170,000,000 shall be paid after business approval is obtained, and the balance of KRW 1,413,00,000 shall be paid in June 20, 2017.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of