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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. The Plaintiff of the parties (hereinafter “Plaintiff Union”) is a regional housing association that obtained approval from the head of Ulsan Northernbuk-gu, the head of the Si/Gun/Gu around June 2016 to carry out the construction and sale of multi-family housing (hereinafter “instant project”) in Ulsan-gu and 39 lots (hereinafter “each of the instant lands”). The Defendant is a limited company that carries out housing sale and sale agency business.
B. The Defendant’s transfer registration 1) On July 6, 2015, each of the instant land and its ground buildings (hereinafter “each of the instant real estate”).
(D) A bid amount of KRW 9.110 million was awarded in the public auction proceeding with respect to the bid amount, and on July 9, 2015, D Co., Ltd. (hereinafter “D”).
(1) The remainder of KRW 9110,000,000,000 (=the remainder of KRW 911,000,000,000,000,000 and KRW 8.199,00,000,000,000,000,00
(2) On September 23, 2015, D completed the registration of ownership transfer on September 23, 2015, and the Defendant completed the registration of ownership transfer due to trust in the future E on the same day.
C. On September 16, 2015, the Defendant, on September 16, 2015, does not distinguish the Plaintiff’s promotion committee (hereinafter “the Plaintiff’s association”) from the Plaintiff’s association that succeeded to the legal status, and refers to “the Plaintiff’s association” before and after the establishment of the association.
In concluding a sales contract with regard to each of the instant real estate, KRW 2 billion for down payment of KRW 13 billion was paid on September 22, 2015, and KRW 11 billion on January 6, 2016 (the remainder payment of the remainder was extended on February 6, 2016).
The term "the primary sales contract" is called "the primary sales contract".
(2) On February 16, 2016, the Defendant notified the Plaintiff Union of the cancellation of the first sales contract on the grounds of the remainder of the purchase price.