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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 18, 2017, the Plaintiff concluded a sales contract with the Defendant to purchase the instant real estate amounting to KRW 645,00,000 (hereinafter “instant sales contract”) and agreed to pay KRW 9,000,000, out of the down payment of KRW 60,000,000, the intermediate payment of KRW 50,000 as of January 18, 2017, and the intermediate payment of KRW 50,00,000 as of January 20, 2017, respectively, to pay the balance on March 17, 2017, KRW 535,00,000 as of April 20, 2017.
B. Article 6 of the sales contract of this case provides that “If a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may demand in writing that the seller or the purchaser have defaulted on the said contract, the other party may cancel the contract. In addition, the other party may claim damages arising from the termination of the contract to the other party, respectively, and unless otherwise agreed, the contract deposit shall be deemed to be the basis
C. On January 18, 2017, the Plaintiff paid KRW 9,000,000 to the Defendant respectively, and KRW 51,000,000 on January 20, 2017, and paid the down payment of KRW 60,00,000 to the Defendant.
On April 20, 2017, the Plaintiff and the Defendant agreed to respectively change the payment date of intermediate payments into June 7, 2017, and the payment date of intermediate payments into July 31, 2017.
E. The Plaintiff did not pay part payments. On June 23, 2017, the Defendant: (a) did not pay part payments to the Plaintiff on June 7, 2017; (b) did not pay part payments; (c) paid part payments and the payment period of the remainder by June 30, 2017; and (d) paid both part payments and the payment period by June 30, 2017; and (e) sent a written notice stating that the instant sales contract will be rescinded by content-certified mail if the said period is not paid.
F. On June 29, 2017, the Plaintiff is not a buyer’s default but a seller’s cooperation in order to promote registration procedures, so the seller is extremely non-cooperative, and the buyer has his own house and the down payment is the buyer.