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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 January 2, 2014, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with a corporation, a YA Construction Co., Ltd. (hereinafter “SA”) and A to sell all of the instant land, which is a site for construction of a new apartment, on the B large 5930 square meters (hereinafter “instant land”).
Article 1 [Sale Price] The sale price of the above real estate shall be KRW 2 billion, and the sales price of the above real estate shall be KRW 521,00,000,000 paid by “A” (the defendant means the defendant; hereinafter the same shall apply) shall be paid separately, including brokerage commission, construction cost, and model voucher construction cost.
Article 2 [Purchase Conditions and Terms and Conditions of Payment of Purchase Price] (1) Contract deposit: 250,000,000 out of land price.
(2) Part payments: 50,000,000 won out of the land amount and shall be paid simultaneously with the down payment.
(3) Balance: The remainder shall be 2,221,00,000 won for land prices, construction costs, and costs for constructing model houses.
Cash: 450,000,000 won shall be paid until January 21, 2014.
(b) Debt Succession: 1,771,00,000 of the above amounts plus at the same time as the balance payment, “B” (referring to a company A; hereinafter the same shall apply) succeeds to the obligation and presents to “A” a construction business company a completion certificate of the construction project, which is due and due to the date of the LAB, the national highway construction, the Hanbi household, and the Hanin Construction.
(a) Of the unpaid construction costs of 1,100,000,000 Won 1,10,000,000,000,000,000,000 LAF branch loans of the KAF branch, 125,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.
Provided, That the purchaser shall be separately from the land price, such as the payment of the cost of the model house construction and the loan interest accrued after the contract date.