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1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.
2. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On August 26, 1989, the Plaintiff entered into a sales contract with the deceased to purchase from the deceased each real estate listed in the separate sheet No. 3 (hereinafter “instant real estate”) for KRW 1,862,00,000, and to pay the down payment of KRW 100 million on July 15, 1989, KRW 200,000 for the first intermediate payment on August 16, 1989, KRW 26,200,000 for the second intermediate payment on October 16, 1989, and KRW 30,000,000 for the third intermediate payment on December 15, 1989, and KRW 1,000,000 for the remainder on April 15, 1990.
(hereinafter “instant sales contract”). B.
From July 15, 1989 to November 30, 1989, the Plaintiff paid the Deceased KRW 562,00,000,000 in total of the down payment and the second intermediate payment under the instant sales contract, as listed below, on six occasions.
On July 15, 1989, 50,00,000 down payment on July 15, 1989; 50,000,000 down payment on July 31, 21989; 30,000 down payment on August 16, 1989; 10,000,000 first intermediate payment on August 26, 26, 1989; 112,00,000 first intermediate payment on September 11, 1989; 600,000 second intermediate payment on September 30, 1989; and 562,00,000 second intermediate payment on November 30, 300; and
C. Despite the lapse of December 15, 1989, the third intermediate payment payment date, the Plaintiff did not pay the third intermediate payment to the Deceased.
Accordingly, on January 18, 1990 and February 3, 1990, the Deceased sent to the Plaintiff a content-certified mail stating that “If the Plaintiff does not pay the intermediate payment by February 10, 1990, the Plaintiff would dispose of the instant real estate at will even after the third intermediate payment payment has expired.”
E. Nevertheless, as the Plaintiff did not perform the obligation to pay the third intermediate payment, the Deceased notified the Plaintiff of the rescission of the instant sales contract on February 14, 1990, and the damages incurred by the Plaintiff’s failure to pay the purchase price due to the Plaintiff’s failure to pay the purchase price is to pay the remainder after the sale.