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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant Daeho-Ap Global Co., Ltd. (hereinafter “Shoho-Ap Global”) is the executor of the new construction project of the C commercial building on the land outside B of Busan YB (hereinafter “instant commercial building”), and Defendant K non-Real Estate Trust Co., Ltd. (hereinafter “K non-Real Estate Trust”) is the trustee who entered into a sale-type land trust contract with Defendant Daeho-Ap Global and the instant new commercial building construction project.
Article 7 (Cancellation of Contract and Penalty) (3) "B (referring to the plaintiff)" may cancel this contract when the sale of a building site exceeds three months from the original scheduled date of sale or it becomes impossible to perform the contract of "A" during the contract period due to a cause attributable to "A (referring to the defendant's case-real estate trust)".
(6) When this contract is terminated due to a cause falling under paragraph (3), "A" shall pay "B" 10% of the total amount supplied as penalty.
B. On July 14, 2016, the Plaintiff concluded a sales contract between the seller and the trustee of the instant commercial building and the Plaintiff’s sales contract to sell the sales price of KRW 851,290,000, down payment of KRW 85,129,000 (hereinafter “instant sales contract”).
The sales contract of this case includes the following contents:
C. On July 13, 2016, the Plaintiff paid KRW 85,129,00 as the down payment pursuant to the instant sales contract to the Defendant K non-real estate trust, and paid KRW 340,516,00 in total 1 and secondary intermediate payments around October 2016.
The 201 of the commercial building of this case is allowed to enter the place where the entrance directly connected to the outside is nonexistent and only the stairs are installed, and the elevator cannot be used.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1-1, the purport of the whole pleadings
2. Determination: