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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On April 14, 2006, C Co., Ltd. (hereinafter “C”) entered into a sales contract with D, the Defendant’s husband, with the content that C would purchase the Ulsan-gu E-Ba (hereinafter “instant real estate”) owned D’s purchase price of KRW 91,00,000 (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows.
In the location and lot number of the land area 18.02 square meters of the land area 18.02, and includes all above-ground objects
1. Indication of real estate;
2.As to the terms of the contract (Article 1), the buyer shall pay the purchase-price to the seller by the following means of payment:
Total price: 91,00,000 down payment (10%): The remainder (9,100,000 won): 81,900,000 won - Within 10 days after business approval (Article 3) the seller shall provide the buyer with all the documents necessary for the transfer of ownership at the same time as he/she receives any balance, and the seller shall also specify this real estate.
(7) In the event that the seller has entered into this contract, he shall pay twice the amount received as the down payment to the buyer and, if the buyer has entered into this contract, the down payment shall be null and void and shall revert to the seller.
The special agreement: Provided, That this agreement takes effect simultaneously with the deposit of the down payment in the account of the seller.
The down payment shall be paid on April 30, 2006 and the balance shall be paid by May 31 of the same year.
B. C paid the down payment of KRW 9,100,000 to D on May 2, 2006.
C. C did not pay any balance by May 31, 2006, which is the due date for the payment of the remainder stated in the said special agreement after the date of payment.
D The buyer(C) paid the down payment of the instant sales contract on May 2, 2006, but until May 31, 2006, respectively, on January 16, 2007 and May 17, 2007.
The balance that had been paid is not paid until January 16, 2007.
The seller (D) has demanded the payment of any balance over several times, and the buyer has made a specific date at that time.