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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the legitimacy of the instant lawsuit
A. On May 5, 2016, the Plaintiff entered into a sales contract with the Defendant to sell 2,314 square meters of land for the livestock farm in Yongsan-gu, Yongsan-gu, Busan-gu and 321 square meters of land for the livestock farm (hereinafter referred to as “instant land”) for KRW 8,40,000 (hereinafter referred to as “instant sales contract”), which is owned by the Plaintiff, for KRW 80,000,000 of the down payment, and the Plaintiff agreed to pay KRW 60,000 on May 31, 2016, and pay KRW 70,000,000 to the Defendant by June 30, 2016.
The Defendant obtained consent from the Plaintiff to use the land, and applied for permission to construct and establish a factory to the head of Goyang-dong, Goyang-si, Goyang-si, and the head of Goyang-si, Goyang-si approved the “C’s permission on construction and approval number D” (hereinafter “each permission of this case”).
However, the Defendant paid 30 million won out of the down payment of 80 million won to the Plaintiff, and did not pay 50 million won to the Plaintiff, and did not pay the remainder of 760 million won to the Plaintiff.
Accordingly, the Plaintiff notified the Defendant of the rescission of the instant sales contract on the ground of nonperformance, and the Defendant given the Plaintiff a written statement of performance that “if the Plaintiff is unable to pay any balance by September 30, 2016, the Plaintiff waives all rights under the instant sales contract, and waives all licenses and permits obtained from the high-sea market on the instant land,” and requested the Plaintiff to postpone the payment deadline, and the Plaintiff accepted the request.
However, the Defendant did not pay any balance even after September 30, 2016, which was set as the grace period for the remaining grace period, and since the instant sales contract was terminated, the Plaintiff demanded the Defendant to implement the procedure for cancellation of each of the instant permission in accordance with the above performance certificate, but the Defendant rejected such request.
Since the sales contract of this case was cancelled, the defendant waives each of the permission of this case.