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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. On May 9, 2013, the Defendant concluded a sales contract with B and B on the following: (a) “The content that sells the land outside Incheon-gun C and 10,000,000 won (hereinafter “instant land”) to B” (hereinafter “instant sales contract”); (b) concluded a new multi-household house on the instant land (hereinafter “instant building”) with the Defendant, the buyer, as the owner of the building, as the buyer’s endeavor and cost; and (c) agreed to substitute the payment of the purchase price to some households of the newly constructed building.
B. Since then, B had contracted “construction of the instant building” to G, but the degree of the progress of the construction was delayed differently from that anticipated at the time of the instant sales contract.
C. As to the instant sales contract on March 27, 2014, the Defendant and B agreed on the construction schedule of the instant building and the payment method of the purchase price of the instant land.
The main contents of the written agreement (No. 7) prepared at the time are as follows:
1. B entered into a contract to purchase the land subject to sale in the name of the Defendant with changing the form and quality of C and H among the land subject to sale in the name of the Defendant and with the construction permission of 29 households, and borrows 15 households among the 29 households. B shall undergo a completion inspection by August 31, 2014, on the 15 households under construction with the name of the landowner and the construction permit holder as the Defendant, according to a separate design drawings and specifications, specifications, product estimates of construction materials, and subcontract construction contract.
4. B fails to undergo a completion inspection by the completion inspection date specified in paragraph (1) or where construction is suspended for at least 15 days during the construction period, the instant sales contract between the Defendant and B shall be deemed rescinded, and B shall not assert any right related to the instant sales contract and immediately impose any condition on the construction site.