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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 August 31, 2010, upon introduction of C, the Plaintiff entered into a sales contract with the Defendant to purchase each of the lands listed in the separate sheet (hereinafter “instant land”) with the purchase price of KRW 140 million (hereinafter “instant sales contract”).
Article 1 [Sales Price and Time of Payment] KRW 140,000,000 for the sales price of KRW 100,000 for the down payment, KRW 100,000 for the remainder payment at the time of the contract / [Cancellation of the contract] Article 6 of the payment on September 30, 2010 / Until the buyer pays the remainder payment (in the absence of the intermediate payment agreement, the seller shall pay the down payment as a distribution amount, and the buyer may waive the down payment, and cancel the contract
Article 7 [Non-performance of Obligations and Compensation for Damages] (1) In cases where a seller or a buyer has performed a default under this contract, the other party may demand in writing the person who has performed the default and rescind the contract.
(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.
Unless otherwise agreed, the criteria of Article 6 shall apply to damages.
Special terms: The boundary surveying shall be responsible from the floor surveying.
B. The main contents of the instant sales contract are as follows.
C. The Plaintiff paid as the down payment of the instant sales contract the sum of KRW 35 million on August 31, 2010, and KRW 40 million on September 1, 2010, but did not pay the remainder of KRW 100 million until September 30, 2010, which is the remainder payment date of the instant sales contract.
On April 20, 2012, the defendant completed the registration of transfer of ownership on April 19, 2012 with respect to the land specified in attached list No. 2 to D on April 20, 2012.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3 (including partial number), the purport of the whole pleadings.
2. The assertion and judgment
A. (1) The plaintiff defendant made a boundary survey under the contract of this case, even though it made a boundary survey.