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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) The Plaintiff entered into a sales contract, etc.) on September 17, 2008, the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) from the Defendant on September 17, 2008 to promote an urban development project in Gyeyang-gu, Incheon.
(2) The land of this case (hereinafter “instant land”) is designated as a land transaction permission area pursuant to the Incheon Gyeyang-gu Incheon Gyeyang-gu land transaction permission area.
A) The sales contract to purchase KRW 2,928,805,000 (hereinafter “instant sales contract”).
(2) On September 26, 2008, the Defendant paid KRW 600 million to the Defendant as down payment. (2) The contents of the instant sales contract relating to the instant case are as follows.
Article 1 (Purpose of Contract) The purpose of this Agreement is to purchase the instant land from the Defendant and build multi-family housing by an urban development project. The purpose of this Agreement is to fully recognize the facts of the Defendant and the Plaintiff on the premise thereof, to determine the specific matters following the purchase of “real estate property” and to faithfully perform the mutual rights and obligations in order to achieve the goal thereof.
Article 3 (Methods for Payment of Real Estate Price)
1. Amount divided into the purchase price of real estate: The average unit price of KRW 4,700,000 per gold of KRW 2,928,805,000,000 shall be 80% of the remaining down payment of KRW 60,000,000,000; and
2. The purchase price shall be paid as follows:
1) The down payment shall be 20% of the sales amount, and the real estate sales contract shall be signed and sealed by the Plaintiff, and the Plaintiff shall collect necessary documents, and then transfer the balance to the account designated by the Defendant. (ii) The balance shall be 80% of the sales amount, and shall be remitted to the account designated by the Defendant for up to 14
Article 6 (Cancellation and Termination of Contracts)
1. The Defendant shall compensate the Plaintiff for the total amount of the down payment where the contract is not fulfilled or double sales without any cause attributable to the Plaintiff.
2. In a case where the Plaintiff’s obligation to pay the purchase price is overdue due to a cause attributable to the Plaintiff, the Defendant.