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The plaintiff's appeal is dismissed.
The appeal cost (including the part caused by the supplementary participation) shall be borne by the plaintiff.
purport.
Reasons
1. Basic facts
A. The defendant is the operator of the business of Kuung-gu D in Young-gu, Young-si.
B. On April 16, 2016, the Plaintiff entered into an agreement with the Defendant on the purchase price of KRW 478,000,000 (hereinafter “instant contract for sale in lots”) of the D Building E (hereinafter “instant building”).
C. The main contents of the instant sales contract are as follows.
The indication of the property: The date scheduled to move into the building E in Yeongdeungpo-gu, Young-gu: (If changed in accordance with the process, then the individual notice key) is recognized as a trust property based on a land trust under the Trust Act and the Financial Investment Services and Capital Markets Act, and in supplying the above property, the seller’s “trustee” refers to “A” and the buyer refers to “B” and the F Co., Ltd., a “trustee and beneficiary” refers to “B” and the seller concludes a sales contract as follows:
Article 1 (Supply Price and Payment Method) “A” shall supply the above indicated property, and “B (Plaintiff)” shall pay the 30,000,000 won for the first down payment on the date of conclusion of the contract, and each of the 71,700,000 won for the second down payment shall be paid within one month from the date of conclusion of the contract, and each of the 71,700,000 won for the third intermediate payment on July 29, 2016, and 71,70,000 won for the third intermediate payment on October 29, 2016, 71,70,000 won for the fourth intermediate payment, 71,70,000 won for the remainder on November 29, 2016, 143,400,000 won and “A” as of the expiration date of the designation period.
Article 2 (Cancellation of Contracts) (1) "A" may cancel this contract when "B" commits any of the following acts:
2. Where the payment of the balance has not been made within three months from the expiration date of the occupancy designation period and the payment has not been made by the peremptory notice. (3) "B" is unable to move within three months from the scheduled date of occupancy due to the reasons attributable to "A", a grace period of at least 14 days shall be imposed on "A".