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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 29, 2005, D Co., Ltd. (hereinafter “D”) which operated a housing construction project on the land outside Busan East-gu, Busan-gu, and 118 parcels, concluded a sales contract to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant on the purchase price of KRW 165,00,000 (the contract amount of KRW 16,50,000,000 (the contract amount of KRW 16,50,000,000) with each sectional owner of the instant building when the sales contract was fully concluded with each sectional owner of the instant building, the remainder shall be each payment within five months from the payment date of the down payment (hereinafter “instant sales contract”), and thereafter, the Defendant paid the down payment of KRW 16,50,000 to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that D's right to implement the housing construction project and the status of purchaser under the sales contract of this case are transferred or transferred in sequence to the plaintiff through the construction of the Doty Traty Traty Roty Roty Roty Roty Roty, E, and Maump Co., Ltd.
In this regard, the defendant asserted that the sales contract of this case was cancelled before the transfer or transfer of the buyer's status under the sales contract of this case, and thus, it did not accept the plaintiff's claim.
B. Even if there is an agreement that if the purchaser of the real estate sales contract fails to pay any balance by the due date for the payment of the balance, the contract is automatically rescinded, the intention and fact of the agreement alone cannot be deemed as having been automatically rescinded unless the seller provides performance and causes delay in the performance of the buyer. However, the buyer fails to pay his/her obligation over several occasions and delays the payment date again.