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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 13, 2010, the Plaintiff offered the Gwangju Bank with the registration of creation of a neighboring mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) as security for loans of KRW 1.5 billion to the Gwangju Bank (hereinafter “instant loans”).
B. On June 13, 2011, the Defendant: (a) concluded a contract with the Plaintiff to purchase the instant real estate amounting to KRW 1.82 billion (hereinafter “instant sales contract”); and (b) the Defendant concluded the instant sales contract on behalf of C on behalf of C.
The main contents of a sales contract signed on June 13, 2011 are as follows:
All buildings located within the above land number, and the related articles, such as 1,00 boxes, 2 forking vehicles, and office fixtures, shall be transferred.
Provided, That the buyer shall use the above land, buildings, etc. from the contract date.
Down payment: 130,000,000 won (to substitute for the seller's warehouse storage charge 20kgs and 100,000 gs.) intermediate payment: 1.5 billion won as an intermediate payment and to substitute for loans on bank loan account books.
Any balance: The balance shall be paid on June 30, 2012.
A special agreement - A seller shall indicate the balance of the purchase price of real estate, the full payment and all the registrations of the above real estate simultaneously.
- The seller bears interest on bank loans until the balance is paid.
- When the buyer breaches the above contract, the buyer waives all the teart, and the seller compensates for the down payment when the seller breaches the above contract.
Provided, That the purchaser shall bear all the problems of public charges thereafter.
C. After preparing a sales contract on June 13, 2011, the Plaintiff drafted a new sales contract with D delegated by the Defendant on the instant sales contract.
In a new contract of sale and purchase, "the seller bears interest on bank loans by the time the balance is paid" among the special terms and conditions of the contract of sale and purchase of June 13, 2013.