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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. On June 25, 2007, the Plaintiff agreed to sell D 239.00 square meters (hereinafter “instant land”) from the Korea National Housing Corporation (the Korea National Housing Corporation was merged with the Korea National Housing Corporation on October 1, 2009; hereinafter “Korea National Housing Corporation”) to KRW 158,575,000, out of the land-based exclusive housing land for relocation of the development project area, the Defendant, in the course of the land creation project, in order to purchase the land for KRW 158,575,00 (hereinafter “instant contract”).
(1) Sale price (only Article 1 of the instant contract, hereinafter the same shall apply) ① The buyer shall pay the down payment of KRW 15,857,50 to each seller on December 25, 2007, the first intermediate payment of KRW 35,679,370 on the date of concluding a contract, and the second intermediate payment of KRW 35,679,370 on June 25, 2008, and the third intermediate payment of KRW 35,679,390 on December 25, 2008, to each seller on June 25, 2009.
(2) If a buyer fails to pay an intermediate payment and any balance by the due date, the seller may require the buyer to pay the delinquent amount in arrears plus the overdue charge calculated by applying the overdue interest rate fixed by the buyer within the minimum annual interest rate for the loans extended by the National Bank to the National Bank.
In such cases, when there is a change in the interest rate in arrears, the interest rate in arrears shall be calculated on the basis of the changed date, respectively.
(3) The seller of ownership transfer, etc. (Article 8) (1) the sale price is fully paid and the cadastral record is completed after the sale price is completed to the buyer of ownership.
(4) Cancellation of a contract (Article 10) (1) In the event that the buyer has committed an act falling under any of the following subparagraphs, the seller may cancel this contract:
1. Where the buyer of an intermediate payment or any balance fails to pay it by the payment deadline (5) penalty, etc. (1) subparagraphs of Article 10 (1);