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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. Basic facts
A. On May 27, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 78,000,000 (hereinafter “instant sales contract”) out of 1,292 square meters in Gangwon-do Crossing-gun (hereinafter “Cri”) owned by the Defendant and KRW 77.5/310 of the 310 square meters in size and E prior to E, KRW 310 square meters (hereinafter “instant land”). The Plaintiff paid KRW 6,00,000 on the date of the contract, and paid KRW 72,00,000 in the remainder on June 27, 2017.
B. The part related to the instant case among the sales contracts prepared at the time of entering into the instant sales contract is as follows.
(hereinafter referred to as the “instant special agreement”). Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser fails to perform any of the terms and conditions of this contract, the other party may give written notice to the non-performance and rescind the contract:
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
【Matters of special agreement】
4.The contract is a condition under which the seller attaches a written consent to land use to F and G. The seller will undertake measurement, road construction and road packaging construction to E, accompanied by a written consent to land use, and the seller will actively cooperate with the seller.
Expenses incurred in construction of road packages, etc. shall be paid by the purchaser.
5. It shall cooperate to remove existing unauthorized houses;
C. At the time of the conclusion of the instant sales contract, the cadastral map on the boundary of the instant land is as follows:
At the time, the Defendant and H own 7.5 shares, 1, J, K, and L, 38.75 shares, 38.75 shares, each of which was held by the Defendant and H, 37.5 shares, i.e., J, J, and 38 shares, each of which was held by M in the case of F land, Ma in the case of G land, 39/77 shares, and N in
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(d) By June 27, 2017, the remainder payment date.