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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 1, 2017, the Plaintiff entered into a sales contract with the Defendant on the following terms with respect to the Dong-gu Daejeon, Daejeon, the Defendant-owned, 3,702 square meters, D large scale 50 square meters, E forest land 1,623 square meters (hereinafter collectively referred to as “each of the instant lands”).
(hereinafter “instant sales contract”). Sales proceeds: 2.9 billion won: 290 million won; - The remainder 2.61 billion won (payment date: December 1, 2017) - the seller agrees to prepare a written consent for land use necessary for the approval of the said real estate immediately after the buyer pays the down payment, and at the same time, the buyer affixes his/her seal impression to the seller along with a written consent for change of the name of the owner and cancellation of the construction permit.
- Where any balance is not paid by the buyer for any cause attributable to the buyer or the contract is rescinded, the down payment already paid shall not be refunded.
- The seller’s remaining grace period from December 1, 2017 to December 1, 2017 is added to two months ( February 1, 2018).
B. On October 17, 2017, the Defendant, after selling each of the instant land, decided to purchase the sales right on the land of “Cheongju-si G” sold by F Co., Ltd. from the Korea Land and Housing Corporation at KRW 1,909,350,900 (the contract amount of KRW 200,000,000, the balance of KRW 1,709,350,90).
Since the Defendant planned to pay the balance of the above sales rights as the balance of each land of this case paid by the Plaintiff, it was possible for the Plaintiff to pay the balance of each land of this case until January 2, 2017, and the payment date of the balance of the sales rights was set on January 2, 2017.
C. Although the Plaintiff intended to obtain a loan from a financial institution as collateral of each of the instant land, the loan did not proceed smoothly, and the Plaintiff did not pay any balance of each of the instant land until January 2, 2017.
The defendant shall pay the balance of the sales right as it fails to pay the balance from the plaintiff.