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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. As of April 6, 2018, the Plaintiff entered into a real estate sales contract with the Defendant for the purchase price of KRW 250 million, down payment of KRW 26 million, and down payment of KRW 50 million with respect to the C building D (hereinafter “instant real estate”) on the following grounds: (a) May 10, 2018; (b) July 12, 2018; and (c) July 12, 2018; and (d) the balance of KRW 174 million paid as of July 12, 2018 (hereinafter “instant sales contract”).
B. Article 4 of the instant sales contract provides that “a loan may be somewhat increased or decreased depending on the bank circumstances,” and Article 5 provides that “This contract may be rescinded before the intermediate payment (if there is no intermediate payment agreement, any balance) is paid, and in this case, the seller may refund double the down payment to the buyer and the buyer may rescind the contract by waiver of the down payment.”
C. The Plaintiff and the Defendant determined as the special terms and conditions of the instant sales contract, that “The down payment shall be returned in the event that the loan does not occur due to credit problems, and the down payment shall not be returned when the contract is terminated due to the simple change of the contractor.”
The Plaintiff paid to the Defendant KRW 8 million on April 5, 2018, and KRW 26 million on May 10, 2018, as down payment based on the above sales contract.
E. On July 13, 2018, the Plaintiff asserted to the Defendant the fulfillment of the condition of rescission or the cancellation of the contract by fraud or neglect, and requested the return of the down payment, but the Defendant rejected the said request.
(B) Around July 15, 2018, the Defendant notified the Plaintiff of the rescission of the instant contract pursuant to Article 5 of the instant sales contract on the ground that the Plaintiff had no intention to perform the contract, such as not seeking adjustment of the balance date or other methods of paying the balance, etc. (f). The Defendant, on July 20, 2018, requested the Plaintiff to perform the payment of the balance to be paid as of July 12, 2018, and if the balance is not paid by July 27, 2018, the said sales contract is terminated.