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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 13, 2013, the Plaintiff agreed to purchase each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and the building listed in paragraph (3) of the separate sheet (hereinafter “instant building”) for the purpose of operating a convalescent hospital. On November 13, 2013, the Plaintiff concluded a sales contract with the Defendant for each of the instant real estate (hereinafter “instant contract”).
The purchase price and payment method - down payment of KRW 3,690,00,000 - down payment of KRW 220,000,000 - The Defendant shall receive the full purchase price and at the same time implement the procedure for the registration of ownership transfer of each of the instant real estate to the Plaintiff and deliver each of the instant real estate to the Plaintiff.
When the defendant has neglected to pay the down payment to the plaintiff, and when the plaintiff has neglected to pay the down payment, the down payment shall be regarded as a penalty and the right to claim the return thereof shall be lost.
The same shall apply even after the commencement of contract.
The defendant shall be 4.8% a year and 2 years a repayment period of 3,500,000 won with respect to the above balance.
(A) Before maturity for this loan, the Plaintiff shall take over the Defendant’s real estate rental business and lease business comprehensively.
- An order for the lessee as of the date of concluding the contract for the sale and purchase of real estate shall be borne by the defendant, and the remainder payment date shall be limited to June 2014.
- After entering into a contract, the defendant permits the plaintiff's real estate remodeling work, and the plaintiff bears the responsibility for all the expenses, including taxes and public charges incurred in connection with the project, and human and physical damage
B. On the date of concluding the instant contract, the Plaintiff paid 220,000,000 won to the Defendant. On June 5, 2014 and June 23, 2014, the Defendant urged the Plaintiff to pay KRW 3,500,000 for the loan application and the remainder amount of KRW 3,470,000,000, and the Defendant did not pay the remainder by June 2014.