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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. 1) On May 11, 2107, the Plaintiff entered into a sales contract with the Defendant on May 1, 2107, and the Plaintiff collectively “instant real estate” consisting of 1,113 square meters, D large 423 square meters, E-road 109 square meters, 334 square meters, and two-story detached houses with D ground (hereinafter “instant real estate”).
(2) The sales contract provides that the sales price shall be purchased at KRW 2.8 billion and the down payment of KRW 370 million shall be paid at KRW 2.43 billion on the date of the contract, and the remainder of KRW 2.43 billion shall be paid on June 30, 2017 (hereinafter “instant sales contract”).
(2) According to the instant sales contract, the Plaintiff paid KRW 370 million in total to the Defendant on May 11, 2017 and KRW 270 million on May 12, 2017 (hereinafter “instant down payment”).
B. On June 27, 2017, the Plaintiff transferred the remainder amount of KRW 10 million to the Defendant as an intermediate payment. On the same day, the Defendant sent KRW 10 million to G to the effect that “the Plaintiff cannot be deemed an intermediate payment and thus the Plaintiff returned the said money.” 2) The Plaintiff failed to pay the remainder by June 30, 2017, which is the due date for the payment of the instant sales contract, until July 14, 2017. The Defendant paid KRW 2.43 billion to the Plaintiff on July 31, 2017, and notified the rescission of the instant sales contract, if the remainder is not paid by July 31, 2017.
‘A’ sent the certificate of content to that effect.
3) Subsequent to the Plaintiff, the Plaintiff offered a security to the Defendant and borrowed the remainder of KRW 450 million out of the remainder of KRW 2.430 million, and offered a scheme to pay the remainder of KRW 1.980 million to the Defendant. On July 21, 2017, the Defendant sent to the Plaintiff a certificate of the purport that the goods to be offered as security should be specified and sent to the Plaintiff by July 26, 2017. (4) The Defendant sent to the Plaintiff on August 1, 2017, for the reason that the instant sales contract was delayed or refused by the Plaintiff.