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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On March 20, 2015, the Plaintiff concluded a sales contract to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 870,000,000 (hereinafter “instant sales contract”).
On March 20, 2015, the date of the contract, the Defendant paid the Plaintiff KRW 87,000,000 for the down payment of KRW 183,00,000 for the intermediate payment of KRW 183,000 for the intermediate payment of KRW 183,00,000 for the remainder payment of KRW 600,000 on April 30, 2015.
B. 1) The Defendant did not pay the intermediate payment by April 30, 2015, which is the date of the payment of the intermediate payment under the instant sales contract, and the Plaintiff sent to the Defendant a certificate of the following content on May 13, 2015, by extending the date of the payment of intermediate payment to May 8, 2015. The Plaintiff concluded a real estate sales contract as of March 20, 2015 between the sender and the receiver of the instant contract. However, the Plaintiff did not pay the intermediate payment by May 8, 2015, by extending the date of the payment of intermediate payment by May 18, 2015. Accordingly, the Plaintiff notified the seller that it is impossible to cancel the contract due to default if the intermediate payment is not made by May 18, 2015. This notification is also a seller, and the Defendant should pay the intermediate payment and the remainder to the Plaintiff under the instant sales contract to the extent that it does not cause any injury to the Plaintiff.
The plaintiff was released in accordance with the certificate of content of Paragraph 1 and demanded that the down payment of KRW 87,00,000 paid by the plaintiff be returned to the defendant as follows.
Answers to certificates of contents.
1. He/she shall return to the principal on May 13, 2015.