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1. The Defendant’s KRW 210,000,000 as well as the annual rate of KRW 5% from September 4, 2015 to May 12, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that aims at real estate development business. The Defendant owned 200/2858 shares among B forest land B 2,858 square meters in macro-si, and CJ 447 square meters in macro-si, and building on land (hereinafter “each of the above real estate”).
B. The Plaintiff, on October 7, 2014, omitted from the Defendant’s sales contract of each of the instant real estate, the “building at large C” as an object of sale and purchase. However, there is no dispute between the parties that the said building constitutes the object of the instant sales contract.
B. The purchase price of KRW 2,500,000 (hereinafter “instant sales contract”) was paid KRW 250,000,000 as the down payment until November 15, 2014, and KRW 750,000 as the intermediate payment until December 20, 2014, and KRW 1,500,000 as the remainder payment until December 20, 2014, respectively, until January 30, 2015.
C. Article 5 of the instant sales contract provides, “Before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder) to the seller, the buyer may waive the down payment and rescind this contract.” Article 6 of the instant sales contract provides, “If the seller or the purchaser has failed to perform the contractual terms, the other party may demand in writing the person who has failed to perform the contractual terms and the other party may rescind this contract.” In addition, the other party may claim damages arising from the cancellation of the contract against the other party, respectively.
As part of the down payment, the Plaintiff paid the Defendant KRW 210,000,000,000 on October 19, 2014, and KRW 200,000,000 on November 17, 2014, and KRW 210,00,000 on a total.
E. The Plaintiff failed to pay the remainder down payment, intermediate payment, and remainder to the Defendant due to the aggravation of financial standing, and the Defendant notified the Plaintiff of the performance of the obligation to pay the remaining purchase price and the cancellation of the contract in the event of nonperformance, around March 16, 2015.
After that, the Plaintiff failed to pay the remaining purchase price, the Defendant, around March 27, 2015, shall be the Plaintiff.