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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 May 15, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate from the Defendant for KRW 4,224,00,000 (hereinafter “instant sales contract”).
The Plaintiff and the Defendant agreed to pay the remainder of KRW 3,801,600,000 within 90 days from the date of permission for the new construction of a factory due to the special terms and conditions of the said sales contract.
B. On July 26, 2017, the original and the Defendant agreed to invalidate a sales contract where the remainder is not paid by the payment date as of August 15, 2017. (2) The Plaintiff was unable to pay the remainder to the Defendant by the payment date as stipulated under the foregoing paragraph (1). The Plaintiff again agreed to invalidate a sales contract where the remainder is not paid by the payment date as of April 16, 2018, and the remainder is again set again as of May 31, 2018. (3) The Plaintiff did not pay the remainder to the Defendant by the payment date as stipulated under the foregoing paragraph (2). The Plaintiff and the Defendant did not pay the remainder to the Defendant by the payment date as of June 1, 2018, and if the remainder is not paid by the payment date again by the payment date as of August 31, 2018, the Plaintiff and the Defendant did not notify the Plaintiff of the agreement to invalidate the sales contract again by the date of the Plaintiff’s cancellation (the Plaintiff’s remaining number 318.18.
written evidence Nos. 1 to 7 and the purport of the whole pleadings
2. The assertion and judgment
A. According to the instant sales contract of the Plaintiff’s assertion related to the obstruction of the fulfillment of the condition, the Defendant each of the above terms and conditions are as follows: “The Plaintiff received a loan within a certain period after obtaining a factory construction permit on each of the instant real estate on the ground, and pays any balance.”