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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 October 19, 2015, the Plaintiff entered into a sales contract with the Defendant, a trustee of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with respect to each of the instant real estate (hereinafter “instant sales contract”), and paid the down payment to the Defendant on the same day:
[The contents of the relevant contract] and the sale price: 378,127,872 won and the payment method of the down payment: 37,812,787 won and the due date of payment; 340,315,085 won and the due date of payment; 3 (payment method) November 16, 2015.
Article 11 (Cancellation of Contracts) (3) In cases where this contract is terminated due to the plaintiff's breach of contract, it shall be as follows:
1. The contract bond that the defendant has already received shall be reverted to the defendant.
B. On January 19, 2016, the Plaintiff paid 90,000 won to the Defendant for overdue interest (the Plaintiff asserted that the Plaintiff paid 1,957,977 won to the Defendant on January 19, 2016, but there is no evidence to acknowledge it), and paid 1,957,977 won on March 16, 2016, respectively.
C. On March 21, 2016, the Defendant notified the Plaintiff of the fact that “if the Plaintiff did not pay the unpaid overdue interest and the remainder by March 25, 2016, the Plaintiff would rescind the instant sales contract.” Nevertheless, the Plaintiff did not continue to pay each of the said money, and on March 30, 2016, the Plaintiff did not pay the said money until April 5, 2016.”