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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.
Reasons
1. Basic facts
A. On January 30, 2008, B Co., Ltd. (hereinafter “B”) entered into a sales contract with the Defendant on the following terms and conditions concerning the 1,208 square meters (hereinafter “instant land”). By March 3, 2008, B paid the Defendant the down payment of KRW 100 million and the intermediate payment of KRW 100 million.
Article 1 (Purpose) The purpose of this Agreement is to promote apartment construction (APT) projects by purchasing the instant land from the seller and purchasing it from the seller. On the premise of this, this Agreement is fully recognized by the seller and the buyer, and the seller and the buyer enter into a sales contract for the instant land.
Article 2 (Sales Price and Terms and Conditions of Payment) The buyer shall pay the sale price to the seller in the following manner of payment:
-The sale price of KRW 694,298,00 - Payment of KRW 100 million - Payment of the intermediate payment of KRW 100 million / Payment of the down payment of KRW 100 million - Payment of KRW 494,298,00 within 30 days after the down payment of the down payment / Payment of the remainder 494,298,000 / Payment of the land in February after the approval of the project where the registration of ownership transfer is impossible immediately because the land in this case was unable to obtain land transaction permission, the seller and the real estate trust company designated by the buyer at the same time as the sale and purchase contract for the protection of property and rights between the buyer and the buyer are obliged to register the trust under Article 5(1). 2) If certification of farmland qualification is required and it is difficult to register the trust first, the seller must issue the necessary documents for the registration of the trust, and cooperate in the trust procedure.
Article 8 (Termination of Contract and Violation of Contract) 1 Seller does not unilaterally cancel this contract unless the buyer violates the terms and conditions of the contract.