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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 14, 2015, the Plaintiff concluded a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 560,000,000.
(hereinafter “instant sales contract”). B.
The Plaintiff confirmed that the Defendant is the nominal owner of each real estate of this case at the time of the instant sales contract.
C. At the time of the instant sales contract, the Plaintiff confirmed that there was a debt of KRW 28,50,000 for each of the instant real estates, and that the maximum debt amount of KRW 140,000 for each of the instant real estates was set out with respect to each of the instant real estates.
C. The Plaintiff paid the Defendant the down payment of KRW 55,000,000 at the time of the instant sales contract.
At the time of the instant sales contract, the Plaintiff agreed to pay 145,000,000 won for intermediate payment to the Defendant on December 30, 2015, and 360,000,000 won for the remainder on January 29, 2016.
E. At the time of the instant sales contract, the Plaintiff agreed that “if the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand written notice to the person who failed to perform the contract and rescind the contract.” In addition, the contractual party may claim damages arising from the termination of the contract to the other party, and the contract deposit shall be deemed as compensation for damages,
F. The Plaintiff did not pay an intermediate payment of KRW 145,00,000 to the Defendant on December 30, 2015.
G. On January 4, 2016, the Defendant urged the Plaintiff to pay the maximum amount to the Plaintiff by January 8, 2016, and notified the Plaintiff by means of a content-certified mail that “in the event of nonperformance, the instant sales contract will be rescinded.” The Plaintiff received this notification on January 5, 2016.
H. On October 28, 2016, the Plaintiff: (a) within ten days from the date on which “the Defendant” was received in writing; (b) the procedure for the registration of ownership transfer and the procedure for delivery by paying the full amount of the purchase price.