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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 constructed and sold D apartment units as the implementer of the housing redevelopment improvement project for the Dongjak-gu Seoul Metropolitan Government Housing Redevelopment Project.
B. On March 15, 2010, the Plaintiff sold the above apartment units of KRW 103,200,00 to the Defendant (hereinafter “instant apartment units”). Of the sales price, KRW 6,932,00,000, the down payment of KRW 415,920,000 is paid in six times through six times, and the remainder amount of KRW 207,960,00 is paid in KRW 6,932,00 (hereinafter “instant apartment unit supply contract”), and the contents relating to the rescission of the contract and the intermediate payment are as follows.
Article 2 (Cancellation of Contract) (1) A (Plaintiff) When B (Defendant) commits any of the following acts, he/she may cancel this contract after giving a peremptory notice:
1. Where the part payments are not made for at least four consecutive months within the period fixed by A (Provided, That a peremptory notice shall be given at least twice with a grace period of at least 14 days for A, and a peremptory notice shall be given to B);
2. When he/she transfers his/her rights and duties under this contract to another person or has limited real rights;
3. Where the balance is not paid within three months from the expiration of the designation period for occupancy.
4. Where he receives a notification of cancellation of a contract from the related agency because he/she is found to have been double lottery, irregular lottery, etc.;
5. When he/she commits an act in violation of the relevant regulations, such as rules on housing supply, the Housing Act, and the Enforcement Decree of the Housing Act.
6. In other cases of breach of this contract. (5) In the event that the contract is cancelled for reasons of the responsibilities of paragraph (1) 4, 5 and 1 of this Article after the conclusion of this contract, A shall not pay the portion of the interest on custody for the amount of supplied goods which he
(hereinafter “instant exemption clause”) (6) When the contract is terminated, A shall be entitled to deduct the amount already paid by B (Provided, That in the case of paragraph (1) of this Article, the penalty shall be deducted) from the date of receipt to the date of return.