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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 26, 2016, the Plaintiff and the Defendant concluded a contract with the Plaintiff to purchase a factory site of 391-19 and 391-24 square meters (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant contract”).
The contents of the instant contract relating to the instant case are as follows.
2. Article 1(1) of the Terms and Conditions of the Contract provides that the sales of the above real estate shall be paid as follows by an agreement between the seller and the buyer.
The payment shall be made at the time of a contract for the down payment of KRW 10 million,00,000,000, and the balance of the intermediate payment shall be paid in May 31, 2016,000,000 won.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be May 31, 2016.
[Special Agreement] - On-the-spot verification - After-site verification, and the certificate of registration is confirmed and entered into a contract. - Seller will clean all wastes (containers, toilets, other wastes, etc.) except nature on the ground before the balance.
-to allow the seller to conduct preparatory work (on-site and geological analysis) for construction;
-The remaining days may be advanced, as agreed.
-all public charges up to the balance shall be borne by the seller;
- Matters not stated in this special agreement shall be governed by the provisions on contracts under the Civil Act and by the general practices of real estate sale -
However, on the ground surface of the real estate of this case, concrete packaging was covered, and some underground parts of the ground surface concrete structure (manle, concrete drainage pipe) were laid underground.
The Plaintiff spent KRW 86,900,000 as the cost of removing concrete packaging on the ground surface, and KRW 49,500,00 as the cost of removing underground structures.
[Reasons for Recognition]