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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. On October 22, 2014, the Plaintiff purchased a studio building from the Defendant, Asan City, C, 676 square meters and the studio building on its ground, and paid down payment of KRW 90,000,000 on that day, and the remainder of KRW 840,000,000 on November 28, 2014 (hereinafter “instant contract”).
B. The main contents of the instant contract and the special agreement are as follows.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
Matters of special agreement
1. A tenant shall succeed to the purchaser and be entitled to deduct the deposit, etc. from the balance;
2. A purchaser shall succeed to a loan from a astronomical stable cooperative.
3. The convenience store shall be comprehensively succeeded by the buyer; and
4. Ground container box shall be transferred to a buyer without compensation;
5. The public charges shall be settled at the time of any balance.
6. Defect options shall be the repair replacement cycle.
C. Meanwhile, D, the Defendant’s ancillary, operates convenience stores in the above studio building (hereinafter “instant convenience store”), and entered into the instant contract on behalf of the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The meaning of Paragraph (3) of this case’s special agreement is that the Plaintiff succeeds to the lessor’s position of convenience store, but the Defendant.