매매대금반환 및 위약금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 26, 2015, the Plaintiff: (a) made Nonparty G as his agent; (b) made the network H (hereinafter “the deceased”) as his agent; (c) sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Plaintiff on KRW 100,000,000 (the remainder of KRW 10,000,000,000) as indicated in the separate sheet (hereinafter “each of the instant real estate”); and (d) the Deceased entered into a sales contract with the content that the part used as the access road to each of the instant real estate (hereinafter “the instant access road”) to be surveyed as its present location and agreed on the transfer registration (hereinafter “the instant sales contract”).
B. After receiving KRW 90,00,000 from the Plaintiff, the Deceased received the purchase price of KRW 90,000 from the Plaintiff, and completed the registration of ownership transfer with respect to each of the instant real estate on November 26, 2015, and at the same time, on January 7, 2016, Nonparty I, who was used as part of the instant access road, completed the registration of ownership transfer with respect to one-fifth of 1/15 of the shares in the Plaintiff’s name, out of 465 square meters in Nam-si, Namwon-si, Seoul. However, it was impossible
C. Meanwhile, the Deceased died on October 24, 2015, and Defendant B, C, D, and E are co-property successors of the Deceased. After the Deceased’s death, the said Defendants agreed to keep KRW 10,000,000, out of the purchase price with Defendant F as their agent until the issue of access roads is resolved, but they agreed to the effect that the transfer of ownership on some access roads is impossible, as seen above, reduced the purchase price to KRW 70,000,00,000, to the Plaintiff, but they did not comply with such agreement.
[Ground of recognition] A without any dispute, Gap's 1 through 5, Eul's 4, part of Gap's 8, and the purport of whole pleadings.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1 deceased.