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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 3, and Eul evidence 1-1:
On January 14, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase 1,137 square meters (hereinafter “instant land”) from the Defendant for KRW 300 million (hereinafter “instant sales contract”) of the Plaintiff’s Gyeonggi-gun Co., Ltd. (hereinafter “instant land”), and entered into a sales contract with the following contents (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 20,000,000 to the Defendant on the same day:
1. 1,137 square meters in response to the Gyeonggi-gun in which real estate is indicated;
2. As to the sale of the pertinent real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the purchase price in the future.
The KRW 300 million of the purchase price shall be paid and received at the time of the contract. The intermediate payment shall be paid in February 21, 2014 and the remaining KRW 20 million shall be paid in March 31, 2014.
Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, the parties to the contract may claim damages to the other party due to the cancellation of contract.
(c) Matters specially agreed;
1. Transfer of construction permit certificate;
2. Assignment of all superficies on this land;
3. The maximum maximum debt amount of 130,000,000 won shall be cancelled at the same time on the outstanding date.
B. E, as a licensed real estate agent, was arranged by the Plaintiff and the Defendant to conclude the instant sales contract.