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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 September 25, 2002, the Plaintiff entered into a sales contract with the Defendant to pay the sales price of KRW 50 million for the instant store among the C stores newly built and sold by the Defendant, but the down payment of KRW 10 million on the date of the contract, the intermediate payment of KRW 20 million on November 5, 2002, and the remainder of KRW 20 million on November 5, 2002, and paid the down payment of KRW 10 million on the same day.
B. On November 10, 2003, the Defendant completed the registration of initial ownership in the name of C stores including the instant stores. At that time, the Defendant paid the sale price to the buyers including the Plaintiff by November 30, 2003, and notified the buyer as to whether the transfer of registration would be done.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 7, the purport of the whole pleadings
2. Determination 1) The Plaintiff paid each of the down payment KRW 10 million on September 25, 2002, and the intermediate payment KRW 20 million on November 5, 2002 under the instant parcelling-out contract, and the Defendant is obligated to pay the remainder of KRW 20 million from the Plaintiff at the same time when the Defendant received the payment from the Plaintiff, and at the same time, has the obligation to implement the procedure for ownership transfer registration for the instant store on September 25, 2002. Accordingly, the Defendant did not receive the intermediate payment KRW 20 million only from the Plaintiff, and the Plaintiff did not receive the intermediate payment KRW 20 million. The Plaintiff’s right to claim for ownership transfer registration for the instant parcelling-out contract has expired the remainder payment period from November 30, 2003 to December 1, 2003, the remainder payment date, and the Plaintiff’s claim for ownership transfer registration for the instant sales contract for KRW 30 million on the premise that the Plaintiff’s intermediate payment was not made.
The plaintiff is also included in the part payment.