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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. The Plaintiff is a corporation established to run a new construction business of a main complex building in the Daegu Suwon-gu Seoul Suwon-gu.
B. On July 18, 2019, the Plaintiff concluded a sales contract with the Defendant to purchase each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) at KRW 9.1 billion (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows.
Article 3 (Sales Price and Method of Payment)
1. The sales price of the indicated real estate shall be paid as follows:
Total amount of purchase: 9.1 billion won bank name No. 1100 million won Account Book No. NA
2. Of the above purchase price, 450 million won of the down payment is replaced by the payment made on May 15, 2019 with the money deposited on May 15, 2019, and the remainder of 8.65 billion won shall be paid in the following account until July 31, 2019.
3. No person shall make a voluntary payment in an amount that a seller does not consent to such payment under the pretext of balance and part payments;
Article 6 (Liability for Taxes and Taxes)
2. The value-added tax on a building shall be borne by the purchaser and shall be paid separately from the balance at the time of the remainder payment;
Value-added tax on a building shall be 3,270,000 won.
(based on KRW 327,735,240, the property tax table, July 2019). Article 7 (Cancellation, Termination, Damages, etc. of Contract)
1. The plaintiff and the defendant may cancel or terminate the contract where the other party fails to comply with the present contract without justifiable grounds, and where the contract is cancelled due to the reasons attributable to the defendant, the defendant shall compensate the plaintiff for the amount of the down payment that the plaintiff received, and where the contract is cancelled due to reasons attributable to the plaintiff, the down payment that
2. Where the Plaintiff is unable to pay the remainder on any ground on the date of payment of the remainder (if the remainder is not sold as agreed upon by the Plaintiff), this sales contract is rescinded without the provision of separate performance, peremptory notice, and cancellation notice.