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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 20, 2009, the Defendant divided the instant sales contract between C and the Defendant into KRW 12,722 square meters for the purpose of purchasing the instant land located in the Doo-si and constructing a multi-family housing by purchasing the land located in the Doo-si. The Defendant was divided into KRW 12,849 square meters for E forest land in the Doo-si and KRW 12,849 square meters for Doo-si. On December 12, 2014, G forest 9,082 square meters, F forest 1,839 square meters, H forest 728 square meters, and 1,200 square meters for I forest and 20 square meters for the purpose of constructing a multi-family housing.
hereinafter referred to as “instant real estate”
(1) The sales contract was concluded on March 16, 2010 and purchased the instant real estate in KRW 2,116,000,000 from C, and each of the 2,10,000,000 of the down payment and the first intermediate payment is concluded at the time of concluding a contract; KRW 640,000 of the second intermediate payment and KRW 640,000 of the remainder payment within six months from the date of paying the down payment, and KRW 1,056,00,000 of the remainder payment shall be paid within one year and six months from the date of paying the down payment (hereinafter “instant sales contract”).
(2) After the above purchase consultation, the Defendant paid C KRW 210,000,000 as down payment on February 11, 2010, and KRW 210,000 as the first intermediate payment on April 1, 2010, respectively.
3) On August 11, 2010 (the point at which six months have elapsed since the payment date of contract) or September 16, 2010 (the point at which six months have elapsed since the date of preparation of the contract), the Defendant notified the Defendant to pay KRW 640,00,00 for the second intermediate payment not later than October 20, 201 with the content certification. On October 20, 201, C notified the Defendant to cancel the instant sales contract with the Defendant on October 21, 201, on the premise that the ownership transfer registration procedure of the instant sales contract is valid under the premise that C’s ownership transfer registration is valid as Busan District Court Decision 2011Ga242, Oct. 10, 2011.