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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 23, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase a unit C land and its ground building (hereinafter “instant real estate”) in Ansan-si, Ansan-si, the Defendant owned for KRW 400 million. The Plaintiff entered into a sales contract with the following content (hereinafter “the first sales contract”).
[The first sales contract] Total purchase price: KRW 400 million, KRW 3 million: intermediate payment: KRW 20 million (payment at the time of a contract), and any balance: KRW 35 million (payment until December 23, 2015): 2 million out of the contract deposit and the contract deposit (payment until February 1, 2016) shall be paid in cash, and the remainder of KRW 2.8 million shall be transferred to creditor D or E account.
- The seller shall withdraw the progress of the auction, and shall be liable to compensate for the losses incurred thereby if the seller fails to perform it, and shall refund a double of the down payment to the buyer.
· All damages shall be paid by the buyer in the event of any defect in the transfer of rights at the time of the transfer of ownership on the balance date.
(b) contract payments, intermediate payments and other incidental costs.
On November 25, 2015, upon the Plaintiff’s request, the Plaintiff and the Defendant drafted a new sales contract (hereinafter “the second sales contract”) as of November 23, 2015 with respect to the sales contract for the instant real estate as follows.
[Secondary Sales Contract] Total purchase price: KRW 400 million; KRW 3 million; intermediate payment: KRW 3 million (payment at the time of a contract); and any balance: KRW 34 million (payment until December 23, 2015); and KRW 34 million (payment until February 1, 2016) shall be performed simultaneously by the contract termination terms and conditions after the on-site answer; the contract termination terms and the transfer of registration shall be performed by the contract termination terms and conditions; KRW 43.7 billion; while the auction is in progress (the seller shall be liable and damages at the time of impossibility of purchase due to all remainder mortgages and rights).