beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 22, 2016, the Plaintiff and the Defendant concluded a sales contract by setting the sales price of KRW 400 million with respect to the Gyeonggi-gun, Gyeonggi-do (hereinafter “instant site”). The Plaintiff and the Defendant agreed to pay the remainder of KRW 30 million in the contract and the intermediate payment of KRW 70 million on January 10, 2017 and the remainder of KRW 300 million on February 15, 2017, respectively.
(hereinafter “instant contract”). The main contents of the instant contract are as follows.
Before the buyer pays the intermediate payment, the seller shall compensate for the amount of the down payment, and the buyer may waive the down payment and cancel this contract.
Article 6 In the event of default on obligations under this Agreement, a seller or a buyer may notify in writing the other party who has defaulted on obligations and cancel the contract if the other party has failed to perform the obligation.
In such cases, the seller and the buyer may claim damages from each other, and the standards of Article 5 shall apply unless otherwise agreed on the damages.
(part made up on a hand)
2. In cases of transfer of ownership, bank loans, etc., the seller shall actively cooperate with the buyer;
3. The seller shall bear all expenses incurred in permission and civil works (including reinforced soil works), such as civil works (including reinforced soil works), and taxes and public charges, etc. following such transfer;
(Provided, That in the case of a line or road, it shall be borne by the seller)
4. Any balance may be paid prior to the date of balance under an agreement between the seller and the buyer.
5. Expenses for design changes and authorization or permission shall be borne by the purchaser.
B. The Plaintiff paid the down payment of KRW 10 million on December 22, 2016, and KRW 20 million on December 23, 2016 to the Defendant.
C. Around that time, the Plaintiff and the Defendant discussed the method of payment of intermediate payments and remaining payments, and delegated the Plaintiff with the authority to pre-sale the instant land, but deposit the pre-sale price to the Defendant’s account. On January 10, 2017, the Plaintiff deposited the pre-sale price to the Defendant’s account.