매매계약해지 및 원상회복이행
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
(a) Conclusion, etc. of a sales contract (matters under special agreement);
(a) In relation to the graves in land, the seller shall transfer the ownership to a person designated by the buyer at the same time as the purchase price is fully paid, if the buyer demands that “the transfer for the commencement of the project” be made by the seller.
(b)if, after the payment of the intermediate payment, the buyer requires documents necessary to obtain business approval for the land concerned, the seller shall actively cooperate.
1) On September 2017, the Plaintiff is deemed to be the Defendant’s 20,596 square meters of C forest land in leisure time (hereinafter “instant real estate”).
(2) On November 30, 2017, the intermediate payment of KRW 125 million on the date of the contract, and the remainder of KRW 64 billion on March 31, 2018 agreed to sell KRW 81,000,000,000 to KRW 81,000,000,000 on the date of the contract, and stipulated the following as a special agreement (hereinafter “instant sales contract”).
(2) According to the instant sales contract, the Defendant paid the Plaintiff KRW 81 million as down payment from September 8, 2017 to September 14, 2017, respectively, and paid KRW 162 million as part of the intermediate payment and the remainder (i.e., part payment KRW 125 million) on March 28, 2018.
B. On March 31, 2018, the remainder payment date stipulated in the instant sales contract, the Defendant did not pay the remainder to the Plaintiff by March 31, 2018. (2) Accordingly, on April 3, 2018, the Plaintiff sent to the Defendant a letter verifying the content that “The Defendant was to cancel the instant sales contract, on the ground that the Plaintiff was present at a place where the Plaintiff did not go on the remaining payment date, but did not pay the remainder without any contact.”
3. After that, on April 12, 2018, the Plaintiff urged the Defendant to pay any balance unpaid by April 19, 2018, and where the remainder is not paid by the said deadline, the instant sales contract is concluded.