매매대금반환
1. The plaintiff's appeal is dismissed.
2. Pursuant to the conjunctive claim added by this court, the defendant shall be the plaintiff on 151.
1. Basic facts
A. On November 9, 2018, the Plaintiff entered into a sales contract with the Defendant, Seongbuk-gu Seoul, D site, and two houses constructed on the above site (hereinafter “each of the instant buildings”), which are owned by the Defendant, for the purchase price of KRW 880,00,000 (hereinafter “instant sales contract”) and paid KRW 1,50,000 for the down payment of KRW 88,000,000 on the date of the contract, and for the moving expenses of tenants, KRW 1,50,000 for the intermediate payment of KRW 150,00,000 on December 10, 2018.
B. After that, as the issue arises between the Plaintiff and the Defendant as to whether each of the instant buildings is a tax single, the Plaintiff did not pay the remainder by January 7, 2019, which is the remainder payment date under the instant sales contract.
On February 12, 2019, the Defendant sent to the Plaintiff a content-certified mail stating that “if the remainder is not paid by February 17, 2019, the Defendant will cancel the instant sales contract.” The document reached the Plaintiff on February 13, 2019.
C. Article 6 of the instant sales contract provides that “The damages arising from the cancellation of a contract due to nonperformance of obligations shall be deemed as the basis for damages, unless otherwise agreed.”
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 14 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendant, in collusion with the broker E, has the intention to sell the instant real estate without any condition. Each of the instant buildings is subject to heavy taxation, the registration in the public account book differs from the current state, and there is an illegal building subject to removal, and the bank is not able to receive a housing mortgage loan for the said reason. It does not notify the Plaintiff of the fact that there is no problem in the instant real estate.