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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 August 14, 2008, the Plaintiff entered into a sales contract (hereinafter referred to as “instant sales contract”) with the deceased D (the deceased’s wife on April 8, 2015, and the Defendant C is the deceased’s children) to purchase the land of E, E, 917 square meters of land, F, 26,578 square meters of land, and G road 213 square meters of land (hereinafter referred to as “each land of this case” in total with three lots; the number of individual lots is specified as its parcel number) for the purchase price of 90 million won.
At the time, the Plaintiff and the Deceased agreed that “The seller may compensate for the amount of the contract as a penalty before receiving an intermediate payment from the buyer, cancel the contract, and the buyer may also waive the down payment and cancel the contract.”
(Article 4.2).
The Plaintiff paid the Deceased the down payment of KRW 90 million on the contract date, and the intermediate payment of KRW 360 million on September 16, 2008, and the remainder of KRW 450 million on October 14, 2008, and the Deceased paid the Plaintiff the documents necessary for the registration of transfer of ownership at the time of receipt of the remainder.
C. On October 9, 2008, the Deceased notified the Plaintiff that “if the Plaintiff did not pay the intermediate payment at once by October 14, 2008, the Plaintiff would receive compensation for the contract amount as penalty pursuant to Article 4 of the instant sales contract without any separate notice of cancellation, and the Plaintiff would be deemed to have renounced the down payment and cancelled the contract.”
When the Plaintiff was unable to pay the intermediate payment and the balance, on October 17, 2008, the Plaintiff prepared and sent to the Deceased a letter of undertaking with the same content as the attached Form (hereinafter “instant letter”).
E. The instant land was transferred to Defendant C due to inheritance due to a division of consultations held on April 8, 2015, and the ownership was transferred to a third party on November 1, 2018 after the said land was divided into E and H land.
In this case.