beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On August 24, 2016, the Plaintiff concluded a sales contract with the Defendant to sell 30,114 square meters and 720 square meters in the C warehouse site (hereinafter “instant real estate”) at KRW 400,000,000,000,000,000,000 for a loan established on the instant real estate as a down payment, and the intermediate payment to succeed to the loan amount of KRW 160,000,000,000,000,000,000,000,000,000,000,000.
However, the defendant paid only KRW 75 million out of the remainder, and does not pay the remainder KRW 145 million.
Therefore, the defendant is obligated to pay the unpaid purchase and sale balance of KRW 145 million and damages for delay.
B. The Defendant entered into the instant contract with the Plaintiff for the establishment of a factory of agricultural and livestock products, and was already aware that the instant real estate was subject to permission for food factory and thus, it does not need to obtain any separate permission.
However, after the conclusion of a sales contract, it is required to obtain a separate permission from the competent authorities for the establishment of the above factories. Since the real estate of this case is a blind spot without access roads, it is notified that it is not possible to obtain permission.
Therefore, the Defendant intended to waive the purchase of the instant real estate, but agreed to reduce the purchase price to KRW 260 million around February 3, 2017, following the process of consultation with the Plaintiff.
Since the defendant paid all the above KRW 260 million, there is no unpaid sales amount.
2. The fact that the Plaintiff entered into a sales contract for the instant real estate between the Defendant and the Defendant, the fact that the Defendant paid the down payment KRW 20 million to the Defendant’s loan KRW 160 million by succeeding the Plaintiff’s loan to the Plaintiff does not conflict between the parties, but the fact that the Defendant paid the Plaintiff’s loan KRW 160 million by succeeding to the Plaintiff’s loan is recognized by taking account of the overall purport of the pleadings in the inquiry inquiry reply regarding the Korea Housing and Military Housing.