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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 Defendant is an implementer of an urban development project with respect to the size of 546,227 square meters in Suwon-si, Suwon-dong (hereinafter “instant urban development project”).
B. The land of this case was designated as a land allotted by the authorities in recompense-si located within the instant urban development project zone after the public announcement of the land scheduled for substitution.
C. On May 20, 2010, the Defendant concluded a sales contract on the instant land with D&C Co., Ltd. (hereinafter “D&C”), and the main contents are as follows.
(hereinafter “instant sales contract.” Of the following terms, “A” refers to Defendant; “B” refers to “D&C”; “D” refers to “D&C”; and “B” refers to “D&C”; the sale price of the subject matter of sale is KRW 622,000,000,000 ( KRW 622,000).
Article 3 Section B pays KRW 661,661,00 on the date of execution of this Agreement as down payment on the date of this Agreement, and pays KRW 2,648,80,000 for intermediate payment up to May 20, 2010, and pays KRW 3,311,539,000 until June 20, 201.
(Provided, the intermediate payment and the remainder payment shall be extended by August 21, 2010, and the interest rate shall apply to the portion exceeding the date of payment of the gold and the balance under Article 3, and the interest rate shall apply to the portion exceeding the date of payment of the gold and the balance) under Article 4, Section 4, A shall issue documents necessary for the transfer of ownership at the time of disposition of replotting after the completion of the project and full payment of the purchase price, and after the transfer of ownership of the subject matter to
Article 8 In cases where Party A fails to pay a sale price within the period referred to in Article 3 due to special circumstances, the period for payment may be extended by up to two months.
In such cases, B shall pay overdue interest for the extended period in addition to the annual interest rate (2% of the credit interest rate for the first financial right).
D&C is down payment to the Defendant pursuant to the instant sales contract, 661,61.