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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 16, 2012, C Co., Ltd. (hereinafter “C”) agreed to pay KRW 300 million on the date of the contract, intermediate payment of KRW 1 billion on April 30, 2012, and KRW 1.51 billion on May 29, 2012, upon purchasing each real estate listed in the separate sheet from the Defendant, from the Defendant, to pay KRW 2,812,50,000,000,000 on the date of the contract. While the down payment and intermediate payment were paid, the Defendant requested extension of the date without paying any balance on May 29, 2012.
The Defendant had extended the remaining payment date on four occasions until June 18, 2012, until September 30, 2012, until March 30, 2012, until November 8, 2012, and November 30, 2012, but C did not pay any balance.
(hereinafter referred to as "existing sales contract"). B.
On February 12, 2013, the Defendant notified C of the intent to cancel the existing sales contract if it fails to perform the payment of the balance by February 28, 2013, but C failed to pay the balance. The Defendant expressed his/her intent to cancel the contract on March 4, 2013 and reached C on March 5, 2013.
C. C asserted the effect of cancellation, and filed a lawsuit against the Defendant seeking the implementation of the procedure for the registration of ownership transfer of each of the above real estate according to the existing sales contract (U.S. District Court 2015Da63520) and the appellate court (Seoul High Court 2016Na2059417) (Seoul High Court 2016Na2059417). As conciliation was concluded on May 12, 2017, the Plaintiff, the
The main parts related to the instant case in terms of the terms of “trade agreement” between C, original and Defendant attached to the conciliation agreement and the protocol of conciliation are as follows:
(hereinafter “Related Litigation”, and the above sales contract newly established between the plaintiff and the defendant upon taking over the status of C (hereinafter “instant sales contract”). Section 3
1. The Plaintiff (referring to C) is attached to a sales contract concluded on March 16, 2012 with the Defendant (the same as the Defendant in this case) regarding each of the instant real estate.