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1. The part of the lawsuit filed by an independent party intervenor for confirmation shall be dismissed;
2. The defendant shall be the plaintiff Taee Co., Ltd.
Reasons
1. Basic facts
A. A. The sales contract between the Plaintiff Thai Co., Ltd. and the Defendant 1) Plaintiff Thai Co., Ltd. (hereinafter “Plaintiff Thai”)
(1) On May 11, 201, the Defendant: (a) 16, and 15,000 square meters and 15,000 square meters and 15,000 square meters and 15,000 square meters and 7,000 square meters and 15,000 square meters and 15,000 square meters and 15,000,000 square meters and 15,0
(2) The sales contract of this case is a contract under which 15 billion won (a contract amounting to KRW 1.5 billion on the date of concluding the contract, and the balance KRW 13.5 billion on June 30, 201) is purchased (hereinafter “the first sales contract of this case”).
(2) On May 11, 201, the Plaintiff Thai paid KRW 1.5 billion to the Defendant a down payment. (2) Of the content of the instant sales contract, the content relating to the instant case is as follows.
Article 5 The obligation to pay the balance and the delivery of the application document for ownership transfer registration by Plaintiff Thai-man, such as the balance payment and the transfer of ownership, are simultaneously performed. However, the Plaintiff Thai-man, first of all, shall pay the balance to the Defendant without any condition on June 30, 201, which is the payment date of the balance, and the Defendant shall, at the same time, deliver the documents for application for ownership transfer registration to the Plaintiff Thai-man regarding the subject matter of sale.
Article 6: Delay of Performance and Time of Contract Rescission ① If the Plaintiff’s husband fails to pay any balance on the date of the balance payment, the Plaintiff’s husband shall be deemed to have been in a state of delay without any condition to the Defendant immediately, and in this case, this contract shall be deemed to have been automatically rescinded without any separate notice or peremptory notice from the Plaintiff’s husband.
In such cases, the defendant and the plaintiff worker cannot delay the payment date for any reason.
(2) When the principal contract has been rescinded pursuant to paragraph (1), the plaintiff son shall not claim the return of the down payment to the defendant, and the defendant shall confiscate the down payment as a penalty penalty.
The defendant may seek damages separately for the amount of actual damage.
Article 10. Seller's obligations.