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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
The defendant is a corporation that runs the business of processing and selling medicines, raw materials, therapeutic devices, agricultural pre-contracted products, animal drugs, etc.
On October 27, 2009, the Defendant concluded the following sales contract (hereinafter referred to as “instant sales contract”) with the content that the Defendant sells each land listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “each land of this case”) to B in KRW 1,300,000,000 (hereinafter referred to as “instant sales contract”) and the Defendant paid KRW 20,000,000 to the Defendant on the same day:
(B) B. A. Real Estate sales contract: The seller’s NAN Co., Ltd. (hereinafter referred to as “A”) and the buyer Co., Ltd. (hereinafter referred to as “B”) shall enter into a contract as follows:
Article 1 [Sale Price] Sales Amount shall be KRW 1,300,000 ( KRW 1,300,000) and the down payment shall be KRW 130,000 ( KRW 130,000), and the down payment shall be KRW 130,000 ( KRW 20,000) at the same time as the contract is made, and at the same time, KRW 20,000 ( KRW 110,000) shall be paid to Party A, and the remaining down payment shall be KRW 110,000 ( KRW 10,000) shall be paid to Party A by November 10, 2009.
Provided, That if B fails to obtain a construction permit, the date may be extended.
Article 2 [Prohibition of Balance] The balance shall be paid within 15 days from the date of permission to construct the said indication C, in the amount of the purchase price, the amount of KRW 490,000,000,000, which was paid by A, as the debt acquisition key to the land purchase price of KRW 680,000,000, which was loaned by the financial institution and deducted the down payment and the intermediate payment.
Provided, That the building permit shall be obtained by B, and all administrative procedures and expenses necessary for the building permit shall be borne by B, and A shall cooperate with the seal imprint and seal imprint necessary.
Article 5 (Cancellation of Contracts)
1. Where a person violates a contract, A shall pay B a down payment to him/her, and where he/she violates this contract, B may waive the down payment paid to him/her and terminate the contract;