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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 30, 2015, the Defendant newly constructed and sold the Nam-gu apartment complex C (hereinafter “instant apartment”) at port, and the Plaintiff purchased the instant apartment unit D at KRW 247,100,000 between the Defendant and the Plaintiff on May 30, 2015.
B. A contract deposit was concluded, and KRW 6,000,000 on the contract date, and KRW 4,000,000 on June 30, 2015 was deposited into the bank account designated by the Defendant.
B. The sales contract of this case contains the following contents:
In the instant sales contract form, “A” refers to the Defendant, and “B” refers to the Plaintiff.
(3) B may cancel this contract where any of the following causes occurs due to a cause attributable to A, February 2017 (where it is somewhat changed according to the process, it shall be later notified).
1. Where occupancy is delayed for more than three months from the scheduled date of occupancy;
2. Where the defect in the house in lots reaches the extent that it is impossible to achieve the purpose of the contract due to considerable difficulty in repair;
5. Where it is impossible to achieve the purpose of the contract due to a violation of other important matters of the contract, and where this contract is cancelled for reasons falling under Article 3 (2) (3), A shall pay 10% of the total amount of the supply price to B as penalty.
C. On March 3, 2017, May 1, 2017, and May 2, 2017, May 24, 2017, and June 30, 2017, the Defendant obtained approval for temporary use for each household for the total of 107 households who wish to move in from among the buyers of the instant apartment on June 30, 2017, and received a pre-use inspection on the instant apartment on August 11, 2017.
[Ground of recognition] Evidence Nos. 1, 2, Eul evidence Nos. 2-1, 2, 5, 6, Eul evidence Nos. 4-1 and 2, and the purport of the whole pleadings
2. Summary of the plaintiff's cause of claim
A. The Defendant’s transfer from the port market to the port market for three months after February 2017, which is the scheduled date of occupancy in the instant sales contract.