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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. On March 10, 2015, the Defendant sold to the Plaintiff the building of 259.2 square meters in Ulsan-gu, Ulsan-gu and its 3-story on its own, in KRW 730 million.
(hereinafter referred to as the “instant real estate” in total, and the said sale and purchase are called the “instant sale”. (b)
The Plaintiff paid the Defendant the down payment of KRW 30 million on March 31, 2015, and paid the intermediate payment of KRW 50 million on March 31, 2015.
C. The Plaintiff succeeded to the obligation to pay a loan to the Ulsan Saemaeul Community Fund in the amount of KRW 490 million out of KRW 650,000,000,000, and the remainder of KRW 160,000 shall be paid on May 10, 2015.
The Plaintiff did not pay any balance after May 10, 2015. On July 10, 2015, the Defendant notified the Plaintiff of the purport that the instant sales contract will be rescinded if the remainder is not paid until July 31, 2015 by content-certified mail.
E. On July 31, 2015, the Plaintiff did not pay the sales balance by July 31, 2015, the Defendant returned to the Plaintiff the intermediate payment of KRW 50 million on August 31, 2015.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Determination
A. The Plaintiff, the cause of the claim, as a result of the determination on the cause of the claim, bears the obligation to pay the Defendant the amount of KRW 490 million out of KRW 650,000,000 to the Defendant by succeeding to the obligation to repay the loans to the Ulsan Saemaeul Saemaul Bank. As a result of the above credit cooperative’s inquiry, the Plaintiff responded that the loan ratio of the instant real estate was changed and that only the amount less than the existing loan can be succeeded.
The plaintiff cancelled the sales contract of this case by the delivery of the complaint of this case, and the defendant is well aware that the ratio of the loan to the real estate of this case is lower, and the real estate of this case is owned by the plaintiff.