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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. The Plaintiff is a legal entity that runs real estate sales business, etc., and the Defendant is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and the Gyeongchidi Co., Ltd. (hereinafter “NNC”) is a legal entity that is established to promote the development project of the Daegu-gu and the 23 lots of land (hereinafter “instant project”).
B. On July 12, 2005, Scenz purchased the instant real estate from the Defendant at KRW 7,200,000,000, out of the purchase price of the instant real estate, and KRW 72,00,000,000, out of the down payment of KRW 720,000,000 shall be paid immediately after the contract is concluded, and the remainder shall be paid within 7 days from the contract date, and the intermediate payment and the remainder shall be paid within 30 days after obtaining business approval from Scenzck, and if the balance is not paid within 7 months from the contract payment date, this contract shall be null and void, and the down payment shall be reverted to the Defendant (hereinafter “instant sales contract”). The down payment shall be paid KRW 72,00,00,000,000 as the down payment, and each contract shall be paid KRW 720,70,000,00.
C. Meanwhile, Article 7(2) of the sales contract of this case provides that the Defendant shall provide all necessary documents for the transfer of ownership to a person designated by Scene, where the change of the purchaser’s name is required due to the need of Scene, but the Pcene must submit to the Defendant a written waiver of his/her right when changing a person designated by Scene to a purchaser.
After that, the U.N. did not pay the intermediate payment and the balance, and the Plaintiff notified the Defendant of the fact that he succeeded to the buyer’s status of the instant sales contract from the U.N. L.C. on March 2008, but the Defendant refused to receive the purchase price.
recognized.