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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. Dlimz Co., Ltd and New East Asian Construction Co., Ltd. (hereinafter “Dlimz”) are a contractor who newly built and sold an apartment unit B in Yongsan-gu, Busan Metropolitan City. New East Asian Construction Co., Ltd. (hereinafter “new East Asian Construction”) is a contractor who entered into a new apartment construction contract with Dlimz.
B. On August 20, 2009, the Plaintiff entered into a sales contract with the Plaintiff for Drgrts and the said apartment 405 dong 701 (hereinafter “instant apartment”) with the price of KRW 824 million (hereinafter “instant sales contract”). The sales contract related to the instant apartment is as follows.
Article 2 (Cancellation of Contracts) (3) The plaintiff may cancel this contract if it is impossible for the plaintiff to move into within three months from the scheduled date of move into due to the reasons attributable to the dratz in December 2010 (if the contract is somewhat changed according to the process, then the contract is later notified).
C. On August 20, 2009, the Plaintiff paid the intermediate payment loan to the Defendant and the Plaintiff’s sales price to Dlimz the down payment of KRW 41.2 million pursuant to the instant sales contract. On September 15, 2009, the Plaintiff borrowed KRW 412 million from the Defendant, but paid the intermediate payment by the method of directly depositing it into the deposit account in the name of the new East Asian Construction designated by Dlimz.
(hereinafter the Defendant’s above loan to the Plaintiff (hereinafter “instant loan”). D.
On the other hand, Dlimts and Newdong Construction Co., Ltd. entered into a business agreement with the Defendant on the part of the buyer of the above apartment, and Dlimz and Newdong Construction entered into a business agreement with the Defendant on the part of the buyer of the above apartment, and the above business agreement should return the sales price already received from the buyer as the sales contract is cancelled or terminated.