청구이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff is a company that mainly engages in the development and sale of real estate as its main business, and was promoting the construction of apartment houses with 13 to 20 floors above the 8-dong 547 households and auxiliary facilities on the land near 42 lots near Do, common city (hereinafter “instant project”).
B. On July 10, 2015, for the instant project implementation, the Plaintiff entered into a sales contract with the Defendant, setting the sales price as “1.25 billion won” and “8 August 15, 2015” with respect to the purchase price for three parcels, other than forest land E (hereinafter “instant parcels of land”) located in the instant project site, through through the Tong-si, Si, through which the instant land was located (hereinafter “the instant land”).
C. On October 14, 2015, the Defendant sent a peremptory notice of the performance of real estate sale price and a notice of the cancellation of contract to the effect that “if the Plaintiff fails to pay the purchase price by October 22, 2015, the sales contract is rescinded” to the Plaintiff who did not pay the purchase price by the due date. On October 23, 2015, the Defendant sent again a notice that the sales contract was rescinded due to the Plaintiff’s delay of performance.
On November 30, 2015, the Plaintiff again delegated F with the processing of service affairs to enter into a sales contract for the instant land, and F entered into a new sales contract with the Defendant to purchase KRW 1,681,350,000 for the instant land on the ground that the Plaintiff’s agent was the Plaintiff’s agent (hereinafter “second sales contract”).
E. The Plaintiff paid only KRW 1.25 million out of the purchase price to the Defendant as a matter of the limit of the amount of the PF loan regarding the instant business, and on December 3, 2015, on the remainder of KRW 431,350,000, the Plaintiff drafted and issued a notarial deed of a monetary loan agreement (No. 720, 2015, No. 320, a notary public) with the following details (hereinafter “instant notarial deed”).
Article 1 (Purpose) The Defendant lent to the Plaintiff the KRW KRW 431,350,000 (431,350,000) on November 30, 2015, and the Plaintiff borrowed this.
Article 2. Time Limit for Payment.