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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Defendant entered into the first sales contract between the Defendant and C on December 29, 2015, with C (hereinafter referred to as “C”); on December 29, 2015, the Defendant purchased KRW 1.43 billion (30 million in the contract amount; KRW 400 million in the second intermediate payment; KRW 400 million in the second intermediate payment at the time of the transfer of electric wires; KRW 330 million in the remainder at the time of the removal of electric wires; and the period of construction from December 29, 2015 to June 30, 2016; and concluded a sales contract with F Co., Ltd. (hereinafter referred to as “F”) (hereinafter referred to as “F”) by removing and removing any rooftop-dong idle and unused assets owned by C at its own expense.
hereinafter referred to as "the primary sales contract".
B. From January 18, 2016 to March 17, 2016, C paid a total of KRW 610,000,000 to the Defendant as the purchase price under the first sales contract.
As the reversal C of the first sale and purchase contract was unable to pay any balance under the first sale and purchase contract until April 5, 2016, which is the date of the initial payment for the remainder, and the due date for the remainder, which is March 25, 2016, and until April 5, 2016, the Defendant and C agreed that the Defendant and C shall not pay any balance to the Defendant until April 5, 2016.
C On April 14, 2016, when the remainder payment date under the aforesaid agreement was not made even until April 14, 2016, C prepared a written confirmation to the Defendant on April 28, 2016 that the Defendant would waive the first purchase and sale contract if the remainder payment is not made by April 30, 2016.
C was unable to pay any balance by April 30, 2016, and the Defendant, on May 2, 2016, issued a notice to the effect that the first sales contract was reversed, and that the facilities and equipment in the rooftop-dong and the scrap metal were voluntarily disposed of.
C, May 12, 2016, draw up a letter of waiver that the Defendant did not perform the primary sales contract and renounced the primary sales contract.