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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 September 11, 2004, the Plaintiff prepared a sales contract with the Defendant to sell the Plaintiff’s (i) as to the instant apartment (hereinafter “instant apartment”) Nos. 8 and 604, Gangnam-gu, Seoul (hereinafter “instant apartment”) to the Defendant at the same date on the same date, with respect to the sales amount of KRW 1.5 billion (hereinafter “instant contract”), and with respect to the building site and its ground factory and its office (hereinafter “non-dried factory”), as of August 10, 2004, the Plaintiff prepared a sales contract to sell it to the Defendant for KRW 1.3 billion (hereinafter “non-dried factory contract”). On September 14, 2004, each of the instant apartment and sub-factory registration for the transfer of ownership with respect to each of the instant apartment and sub-factory factories was completed in the future for the Defendant.
B. The contract of this case merely states that “the contract of this case shall pay and receive KRW 30 million” with respect to the purchase price (However, unlike the above mentioned, the original defendant did not actually exchange the down payment), intermediate payments, and the amount or time of payment of the balance, but it states that “the balance shall be paid after the settlement of accounts after 2004,” and the following provisions are prescribed:
Article 2 The seller shall deliver documents required for the registration of transfer of ownership to the buyer, and the buyer shall succeed to the claim on the registry of the apartment house at the same time as the transfer of the registration.
Article 3. The balance of KRW 10 million out of the total purchase price shall be paid by the buyer at the end of the termination of the mortgage established by the seller after the registration of the buyer at the end of the period. In such cases, the buyer shall pay the balance immediately after confirmation.
If the seller is unable to comply with Article 4 Section 3, the buyer shall directly terminate the mortgage on the above real estate and pay the difference to the seller, and the seller shall not raise an objection, and the increased or decreased expenses shall be the amount to be borne by the seller on the following day.
C. Each of the above contracts is signed and sealed by E as a observer.