beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 18, 2016, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant, setting the sales price of KRW 600,00,000 for the sales price of KRW 17,521 square meters among the 17,838 square meters of forests and fields C (hereinafter “instant land”).
The Plaintiff paid the down payment of KRW 80,000,000 on the day of the contract, and the remainder of KRW 520,000,000 to the account of the Defendant, the seller, on September 30, 2016.
The sales contract of this case is stipulated as follows as the special agreement.
D E E F GB
B. On August 13, 2016, the Plaintiff and the Defendant changed the remainder payment date into October 31, 2016 on the grounds of the postponement of business authorization and permission. The Plaintiff prepared and executed a letter of undertaking to pay the remainder by December 30, 2016.
C. On December 30, 2016, the Defendant revoked the remainder due to the Plaintiff’s unpaid payment. On January 3, 2017, the Defendant revealed that the Plaintiff was in charge of the registration certificate necessary for the transfer of ownership, the certificate of real estate sales, the certificate of personal seal impression for real estate sales, the power of attorney, and the certified copy and abstract of resident registration, among the instant land, and notified the Plaintiff that the sales contract will be revoked at the time of the remainder payment by January 23, 2017.
By January 23, 2017, the Plaintiff did not pay any balance along with the receipt of documents necessary for the transfer of ownership until January 23, 2017. On January 24, 2017, the Defendant notified the Plaintiff that the instant sales contract would be cancelled and the down payment would be confiscated as penalty.
[Reasons for Recognition] Facts without dispute, Gap 1, 7, 8 and Eul 1; the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion that the Defendant consented to the use of the land and access road as indicated in the attached Form for the application for permission to engage in development activities, etc. against the Plaintiff’s administrative authority according to the instant sales contract.