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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 and the Defendant entered into the instant sales contract (hereinafter “instant building”) on September 5, 2014, Sejong Special Self-Governing City C commercial buildings (hereinafter “instant building”).
The sales contract for the entire 1, 2, and 4 levels was concluded with the sales amount of KRW 5.2 billion (in the case of a contract amounting to KRW 5.2 billion, payment for the balance of KRW 4.7 billion, and payment on November 10, 2014) (hereinafter “instant sales contract”).
(2) The Plaintiff’s side delivered KRW 500 million to the Defendant around that time. (2) Article 5 of the instant sales contract provides that “If the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the nonperformance and rescind the contract. The contractual party may respectively claim damages arising from the rescission of the contract to the other party, and unless otherwise agreed, the contract deposit shall be deemed as the basis for compensation for damages.”
B. On November 12, 2014, the remaining payment date stipulated in the instant sales contract, the Defendant sent a content-certified mail (hereinafter “the first notice of cancellation”) stating that “the instant sales contract is cancelled due to the unpaid payment and the down payment is confiscated” to the Plaintiff on November 12, 2014, which was the date of the remainder payment stipulated in the instant sales contract. (2) Accordingly, the Plaintiff requested the Defendant to postpone the remaining payment period on November 20, 2014. On November 17, 2014, the Defendant recognized the validity of the instant sales contract if the remainder payment is made by November 20, 2014, and the representative director is reverted to the Defendant on November 21, 2014, and the instant contract cancellation is confirmed to be “the next notice of cancellation” (hereinafter “the next notice of cancellation”).