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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 June 14, 2013, the Plaintiff and the Defendant, the Defendant and the Defendant owned 125 square meters in Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land”).
) A contract to purchase KRW 160 million (hereinafter “instant sales contract”) to purchase KRW 160 million on the day, the remainder 140 million on the day, along with the receipt of all documents necessary for the registration of transfer of ownership on July 15, 2013 (hereinafter “instant sales contract”).
(2) Upon entering into the instant land, the Plaintiff’s statement that the Defendant and the Licensed Real Estate Agent had a water tank installed on the ground of the instant land that he/she purchased the instant land in order to newly build the instant land, and that he/she gave up his/her attempt to purchase the instant land because he/she stored a water tank on the instant land from the owner of the adjoining land around early July 2013, and that he/she had confirmed from the Korea Water Resources Headquarters that the water tank was still buried on the underground of the instant land, and that the instant sales contract was revoked.
3) On July 15, 2013, the remainder payment date of the instant sales contract, the Defendant had documents necessary for the registration of transfer of ownership, such as obtaining a certificate of personal seal impression for real estate sale, but failed to receive any balance from the Defendant. On July 16, 2013, the Defendant sent to the Defendant a letter-certified mail indicating that “if the remainder is not paid by the said date, it would be treated as forfeiture of down payment pursuant to Article 6 of the instant sales contract on the ground of the Plaintiff’s nonperformance.” (iv) On July 24, 2013, the Plaintiff would have become aware that the Plaintiff purchased the instant land for the purpose of constructing a new house, but could not newly construct a house because the water tank remains in the underground, and thus, the instant sales contract was concluded after the conclusion of the instant sales contract.