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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 10, 2015, the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) purchased the purchase price of KRW 46 square meters of B, KRW 1,081 square meters of B, KRW 36 square meters prior to D, KRW 7,983 square meters prior to E, KRW 66 square meters of F cemetery and KRW 694 square meters of G forest, part of KRW 4,407 square meters prior to H, KRW 1,107 of part, and KRW 8,598 square meters of land prior to J, KRW 1,931 (hereinafter “the subject matter of this case”) in total, KRW 5,10 million (hereinafter “the subject matter of this case”) to the Defendant, and agreed to pay the remainder KRW 4.7 billion within 60 days from the contract date.
(See Article 2 of the instant sales contract). In addition, the instant sales contract concluded that “if either of the parties violates the instant sales contract, the other party may rescind the contract without any peremptory notice, and at the same time, the seller shall reimburse the amount of the down payment, and the buyer shall waive the down payment and not claim the return of the down payment in the event of a breach of contract.”
(see Article 6 of the sales contract of this case).
As to the subject matter of the instant sale, part of G forest land G 694 square meters, 4,407 square meters prior to H, 1,107 square meters prior to I, and 1,931 square meters prior to J (hereinafter “land subject to division”), each of the following special agreements were made.
3.(1) The area of the land and the cadastral lines for this contract shall be as shown in the provisional division drawings (attached Form 2) presented by the seller as the case may be.
(i) be entered into on the basis of the foregoing and be subdivided as above (the actually subdivided drawings may be different from the drawings attached thereto, but the area shall not be changed.
(2) The costs of subdivisions and surveys shall be borne by the seller.
C. Article 11 and Article 11 of the Jeju Special Self-Governing Province Ordinance on Jeju Special Self-Governing Province (hereinafter “instant division”) shall apply to Jeju Special Self-Governing Province when the Jeju Special Self-Governing Province Mayor grants permission to divide the land subject to subdivision on June 8, 2015, as follows (hereinafter “instant division”).