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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 December 20, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase each forest land listed in the separate sheet owned by him/her (hereinafter “each forest of this case,” and, if a specific necessity exists, by the sequence thereof, KRW 3.6 billion; however, the Plaintiff paid the Defendant the down payment of KRW 3.66 million to be paid on June 30, 2017 (hereinafter “instant sales contract”); and the Plaintiff paid the Defendant the down payment of KRW 3.66 million to the day of the contract.
The main contents of the instant sales contract are as follows.
Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
After the on-site verification of the special agreement, the current state, such as a grave, shall be taken over.
After the contract, the lot number division may be complied with according to the accompanying drawings requested by the purchaser, and all the expenses, legal, administrative, and tax responsibilities incidental thereto shall be borne by the purchaser.
B. On October 24, 2016, prior to the conclusion of the instant sales contract, the Defendant sold 370 to 380gs and 200gs and 200gs and 200gs and displayed the said seedlings in a white belt, among forest seedlings planted in a group to C as part of each of the instant forest. At the time of the conclusion of the instant sales contract, C agreed to cut them up until April 30, 2017, and even at the time of the conclusion of the instant sales contract, each of the instant forest was planted with white belt and fungs and seedlings, which C purchased from the Defendant from January 201 to April 2017.