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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff as a party to basic facts is the major shareholder and representative director of Nonparty C Co., Ltd. who is engaged in real estate development business, etc., and the Defendant owned the Seocho-gu Seoul Metropolitan Government D-dong 88.3С from October 31, 2002 to June 28, 2016, and six-story accommodation facilities on the ground of the above two parcels (hereinafter “instant real estate”).
On March 26, 2014, the Plaintiff purchased the instant real estate and removed accommodation facilities, and concluded a sales contract with the Defendant to purchase and sell the instant real estate in KRW 10,800,000 (hereinafter “instant sales contract”), and on the same day, paid KRW 150,00,000 to the Defendant as an agreed amount under the instant sales contract.
(hereinafter referred to as the “instant contract”). The contents of the instant contract relating to the instant case are as follows.
Article 2 (Methods of Payment of Sale Price) (1) In paying the sale price of the instant real estate, the purchaser is to pay the purchase price as follows. The total amount of the sale price: KRW 150 million in daily gold: KRW 150 million in daily gold - KRW 10.5 billion in the remainder on March 26, 2014; KRW 10.65 billion in the remainder on March 26, 2014; and the purchaser bears the expenses incurred in relation to transfer registration on October 31, 2014, and the seller shall deliver all documents necessary for the speed of transfer registration to the purchaser at the same time as the outstanding balance is received. Where the purchaser violates the payment date of the purchase price under the aforesaid two Articles, the seller may cancel the contract without legal measures or procedures, and the purchaser may not raise an objection against load, etc., and the agreed amount already paid shall be reverted to the automatic purchaser as the penalty for breach of contract.
In addition, the buyer does not raise any civil or criminal objection to the contract amount reverted to the seller, and all the laws such as provisional attachment and provisional disposition with respect to the money belonging to the seller.