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The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts may be found in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 4, 5, 1 and 2 (including paper numbers) and the overall purport of the pleadings, or are significant in this Court.
C Co., Ltd. (hereinafter referred to as “C”) was promoting the new construction of Driart (hereinafter referred to as “Driart”) on each land listed in the separate sheet (hereinafter referred to as “each land of this case”).
B. On February 28, 2016, the Plaintiff paid KRW 272,210,00 (27,221,000 for the total supply of the instant resort E (27,221,000 for the contract) by C, on the designated date of the first intermediate payment of KRW 27,221,00 for the second intermediate payment of KRW 27,221,000 for the third intermediate payment by June 30, 2016, until September 30, 2016, the Plaintiff supplied KRW 27,221,00 for the third intermediate payment of KRW 27,221,00 for the fourth intermediate payment by December 30, 2016, the Plaintiff paid KRW 27,221,21,000 for the intermediate payment of KRW 27,27,21,000 for the last payment to the Defendant’s account at the time of completion by March 30, 2017.
The Plaintiff and C agreed to the instant supply contract as follows.
Article 3 (Cancellation of Contracts) (2) The plaintiff may cancel his/her contract on his/her own account.
However, it shall be limited to cases recognized by C after payment of part payments at one time.
Article 4 (Penalty) (1) When this contract is terminated for reasons falling under Article 3 (2), 10% of the total supply price paid by the plaintiff shall be reverted to C as penalty.
C. The Plaintiff paid down payment of KRW 27,221,00 to the bank account in the name of the Defendant on the date of the instant supply contract.
On the other hand, C and the defendant as to each of the instant lands on February 18, 2016, the first priority beneficiary is the F wooddong Branch Co., Ltd., and the second priority beneficiary is G Co., Ltd. (hereinafter “G”), the truster and the beneficiary are C, and the trustee are the defendants.