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 August 2, 2016, the Plaintiff entered into a contract with the Defendant for the purchase of approximately 4,950 square meters in North Korea ( approximately 1,500 square meters; hereinafter “instant land”) of approximately 1,23,000,000,000 won in an amount of KRW 1,23,000,000, in order to construct a new factory (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 300,000,000 on the same day.
B. On December 7, 2017, the Defendant, upon filing the instant lawsuit, deemed that the Plaintiff had no intention to perform the instant sales contract, and notified the Plaintiff that the instant sales contract was rescinded, and that the said notification reached the Plaintiff at the time.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 18, and 19, and the purport of the whole pleading
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The subject matter of the instant sales contract includes a road or an access road with a width of 6 meters (hereinafter “the same side of the instant land”) located on the same side of the instant land. However, the Defendant clearly refused to divide the instant road into the Plaintiff by violating a contractual cooperation duty. If the Plaintiff fails to divide the instant road along with the same side, the instant land cannot achieve the purpose of the instant sales contract, i.e., construction of a factory and approval. Thus, the Plaintiff’s sales contract is rescinded.
Therefore, the defendant is obligated to return to the plaintiff the down payment 300 million won received from the plaintiff as a result of restitution.
B) The instant sales contract was terminated by the Defendant’s notification of cancellation on December 7, 2017. As such, the Defendant ought to return to the Plaintiff the down payment KRW 300 million due to restitution. (2) The Defendant did not notify the Plaintiff of the cancellation of the contract due to fraud or mistake, and the subsequent claim for restitution of unjust enrichment.