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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 September 7, 2016, the Defendant entered into an apartment housing supply contract with C (hereinafter “C”) and the said company’s new E apartment site development zone E Apartment F (hereinafter “instant apartment”) with 352,80,000 won.
Accordingly, the Defendant paid C the down payment of KRW 35,280,000 and KRW 4,470,000 for balcony expansion costs, and paid the total intermediate payment ( KRW 211,680,000) of the instant apartment from G Cooperatives.
B. On September 14, 2018, the Plaintiff purchased the instant apartment sales right of KRW 271,430,00 (a down payment of KRW 35,280,000 paid by the Defendant to C, and an intermediate payment of KRW 211,680,00,000, plus KRW 20,000,00 in balcony extension cost of KRW 4,470,000). The Plaintiff paid KRW 211,680,00 by succeeding to the part payment that the Defendant received, and the down payment of KRW 10,00,000 shall be paid by succeeding to the part payment that the Defendant received, and the down payment of KRW 10,00,000 shall be paid KRW 39,750,000 on October 9, 2018; KRW 10,0000 on May 19, 2018; and
(hereinafter “instant contract”: Provided, That on September 11, 2018, the date of the instant contract was prepared retroactively, and the amount of sales right was reduced to KRW 261,430,000.
C. Under the instant contract, the Plaintiff paid KRW 59,750,000 to the Defendant, from September 14, 2018 to November 15, 2018, the remainder, excluding the intermediate payment loans, in accordance with the instant contract.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion conditioned that the Defendant succeeds to the intermediate payment loan of the instant apartment.
However, the so-called government regulating loans to multi-family housing owners.
9. 13. According to the real estate measures, the Defendant could not succeed to the intermediate payment loan of the instant apartment, and eventually, it became impossible for the Plaintiff to transfer the status of the buyer in the future.
Therefore, the plaintiff is unable to perform.