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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the purport of the entire pleadings as stated in the evidence No. 2-1 and No. 2-2 of the basic facts, it is recognized that, on October 30, 2005, the Defendant entered into a sales contract to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) of KRW 153,000,000 (a contract deposit of KRW 15,300,000) from each sectional owner of the instant building (hereinafter “instant sales contract”) with each sectional owner of the instant building at KRW 15,30,000,000, when the sales contract was completely concluded with each sectional owner of the instant building, the remainder shall be paid within five months from the payment date of the down payment (hereinafter “instant sales contract”), and at that time, the Defendant paid the down payment of KRW 15,30,000 to the Defendant.
2. The parties' assertion and judgment
A. The Plaintiff asserted that, inasmuch as the Plaintiff’s right to implement the instant housing construction project and the status of the purchaser under the instant sales contract are transferred or transferred in sequence to the Plaintiff through the construction of the bareboat Round Co., Ltd., Ltd., the Plaintiff asserted that, at the same time, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant real estate upon receipt of payment from the Plaintiff (i.e., purchase price of KRW 153,700,000 - down payment of KRW 15,300,000), and at the same time, the Plaintiff is obligated to implement the registration procedure for transfer of ownership on the instant real estate.
The defendant asserts that since the contract of this case was terminated before the transfer or transfer of the buyer under the contract of this case by the plaintiff's assertion, the plaintiff's claim cannot be complied with.
B. Even if there is an agreement that if the buyer fails to pay any balance by the due date for the payment of the balance, the contract is automatically rescinded, the intention and fact of the agreement shall be alone, unless the seller provides performance and causes delay in the performance of the buyer.