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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. The defendant is a company established on July 25, 2016 for the purpose of real estate development, lease, sales agency business, etc., and the plaintiff is a buyer who has concluded a sales contract with the defendant.
B. 1) On December 27, 2016, the Plaintiff entered into a sales contract with the Defendant on December 27, 2016, “D building” under construction on three lots, including Pyeongtaek-si C (hereinafter “instant building”).
2) The sales contract of this case is the sales contract of this case under which the sales contract of this case is to sell in 125,670,000 won each of the sales price of heading E, F, and G.
(2) According to the instant sales contract, the Plaintiff paid part of the down payment (i.e., KRW 37,701,00 (i.e., KRW 12,567,00) and the intermediate payment) to the Defendant.
C. The main contents of the instant sales contract are as follows.
(3) The buyer may cancel this contract in any of the following cases: (a) where the occupancy is delayed for more than three months from the date of occupancy finally notified due to the cause attributable to the buyer. (b) Where the contract is terminated due to the cause attributable to the buyer. (3) Where the buyer is due to the cause attributable to the buyer, the buyer shall pay to the buyer the other party 10% of the total amount of the sale price as penalty. (3) In the case of paragraph (3), the buyer shall pay to the buyer 10% of the total amount of the sale price.
According to the Plaintiff’s notice of cancellation of the instant sales contract, the scheduled completion date of the instant building becomes the end of November 2017. 2) After the Plaintiff’s completion date of the instant sales contract, the Plaintiff and the Defendant agreed to change the scheduled completion date of the instant sales contract to April 2018.
(A) No. 7-1 through 3, and a certificate of modified contract for sale in lots. 3 The defendant, including the plaintiff, obtained construction permission on November 28, 2018 for the instant building from the buyer of the instant building on November 29, 2018, and from December 12, 2018.