beta
Text
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 19, 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the second underground floor and the nine above ground floor of “B” (hereinafter “instant commercial building”) constructed by the Defendant on the land in Jung-gu, Incheon.
The main contents of the instant sales contract are as follows.
The indication location of the property indicated in the Defendant Commercial Building Supply Contract: (E): The building site (land category): 2,777.9 square meters (840.31 square meters): (a) the steel-frame concrete structure (building): 20,160.89 square meters: (use): the exclusive use area of the first floor; the exclusive use area of the building: 70.50 square meters (21.33 square meters): the sale area of the building site: 40.19 square meters (12.16 square meters): the sale area of the building site shares of 110.69 square meters (3.48 square meters): the seller is referred to as “A,” and the buyer is referred to as “B,” and the sale contract is concluded as follows.
Article 1 (Sales Price) The sale price of the above mentioned objects is KRW 770,000,00, and the defendant shall pay it to the place designated by the plaintiff according to the following payment methods:
Provided, That the value-added tax shall be separately imposed.
(1) Date of payment and the down payment: Receipt of KRW 77,00,000 on October 19, 2017. The intermediate payment: The remainder of KRW 154,000,000 on January 15, 2018: 539,000,000; and the seller’s buyer on October 19, 2017: The Plaintiff:
B. According to the instant sales contract, the Plaintiff paid the Defendant KRW 231,00,000 in total, KRW 77,000 on October 19, 2017, and KRW 154,000 in intermediate payment on February 19, 2018, and KRW 231,00,000 in total.
C. The ground plan of the instant commercial building is attached to the car sloping, which was produced by the Defendant in the process of constructing and selling the said building “B”, as shown in the [Glim 1].
【Gelim1】 D
D. In the instant commercial building, as in [gamb], the columns of one square meter in the area on the front section, ①, and the front section of 1.054 square meter in the area.
[Attachment 2] The fact that there is no dispute, and there are evidence Nos. 1 through 8.