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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. In around 2006, the Defendant, including the status of the parties, entered into a real estate security trust agreement with the Bank of Korea, the Bank of Korea, the Bank of Korea, and the NFFC (the total amount of 117 billion won premium) regarding each real estate listed in the separate sheet (hereinafter “each real estate of this case”), and completed the registration of ownership transfer in the name of the Defendant on the ground of trust with respect to each real estate of this case.
B. On June 3, 2011, the Plaintiff concluded a sales contract with the Defendant to purchase each of the instant real estate in KRW 39.9 billion, and concluded a sales contract with the Defendant to purchase the instant real estate in KRW 39.9 billion, the Plaintiff replaced the down payment with the subscription payment that was made, and the remainder KRW 35.9 billion with the remainder KRW 35.9 billion with the payment that was made by August 31, 201.
Meanwhile, Article 6 of the instant sales contract provides that where the Plaintiff delays the payment of the remainder without any cause attributable to the Defendant, the Defendant shall pay the relevant amount by adding a penalty for delay at the rate of 19% per annum to the Defendant (hereinafter referred to as “instant provision for delay”). According to Article 9 of the instant sales contract, where the Plaintiff fails to pay the remainder by the due date, the contract may be rescinded after giving written notice to the Plaintiff that the Defendant should pay the remainder within 15 days from the relevant date, and where the contract is rescinded due to a cause attributable to the Plaintiff, the down payment shall be forfeited as a penalty for negligence.
(hereinafter the above provision is referred to as “the forfeiture clause of the down payment of this case.”
The Plaintiff’s rescission of the instant sales contract failed to pay the remainder by August 31, 201, which is the remaining payment date, and the Defendant notified the Plaintiff to pay the remainder to the Plaintiff on November 1, 201 and November 17, 201, and then, the Plaintiff expressed his/her intent to cancel the instant sales contract on December 1, 201.