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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. 1) Conclusion of a sales contract
) The Republic of Korea (hereinafter referred to as the “instant resort”) is the Rusan resort condominium (hereinafter referred to as the “instant resort”) in the Republic of Korea, Yusanan-ri, Yuran-ri 474-1 Yuran-ri.
(2) On July 30, 2009, the Plaintiff and the Defendant concluded a contract for sale in lots (hereinafter “instant contract for sale in lots”) with the content that: (a) the completion date of the instant contract for the construction of a new building, the sale in lots, the sale date of which is KRW 101,806,00, the sales price of which is KRW 302,80,000, as the project trustee who entered into a contract for the sale in lots (hereinafter “instant contract for sale in lots”) with the implementer and the Defendant on July 30, 2009.
3) Accordingly, from July 30, 2009 to September 25, 2010, the Plaintiff paid to the Defendant a total of KRW 82,240,800 as down payment and intermediate payment. (b) The instant resort construction project was not completed until the completion date of the instant resort construction project; and on July 3, 2012, the Plaintiff notified the Defendant of his intention to cancel the instant sales contract on the ground that the completion date of the instant resort construction project was not completed by March 31, 201, which is the completion date by the content-certified mail.
2. On the other hand, Article 12(3) of the sales contract provides, “If it is impossible to use a container for more than three months from the date of commencement of use of the container due to the delay of the completion of construction by the defendant, etc., or the execution of the contract by the defendant becomes objectively impossible, the plaintiff may cancel this contract: Provided, That this shall not apply in cases where the defendant can use a container other than the container due to unavoidable reasons, or where the date of commencement of use is altered under mutual agreement by notifying the plaintiff six months prior to the date of commencement of use.”
C. The progress of the preceding lawsuit.