가계약금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 27, 2010, the Plaintiff entered into a contract with the Defendants to purchase the Plaintiff’s land of KRW 30,000,000, and 27,000,000,000,000, and 30,000,00,000,00,000,00,00,00 were raised (hereinafter “instant swine farm”) (hereinafter “instant sales contract”), and the main contents thereof are as follows.
The purchase price: 38 billion won - The purchase price for land, livestock penss, etc. - The purchase price for KRW 32 billion - The payment method for KRW 6 billion - the first down payment of KRW 200 million until August 27, 2010, the second down payment of KRW 300 million until September 10, 2010, and the third down payment of KRW 9.3 billion until October 21, 2010. - The intermediate payment of KRW 8.2 billion - The first intermediate payment of KRW 8.2 billion until November 25, 2010; the second intermediate payment of KRW 4.2 billion until December 24, 2010 - The remainder of the remainder of the payment of the down payment of KRW 2 billion by the Defendants’ financial obligation of KRW 14.5 billion until December 24, 2010 (the remainder of the payment of the down payment of the down payment of KRW 14.5 billion where the Plaintiff did not perform the payment of the remainder.1.5 billion.
As part of the down payment of the instant sales contract, the Plaintiff paid to the Defendants KRW 560 million in total, including KRW 10 million on August 27, 2010, KRW 100 million on August 30, 2010, KRW 310 million on August 31, 2010, KRW 100 million on September 3, 2010, KRW 100 million on September 6, 2010, KRW 560 million on September 24, 2010, and KRW 60 million on September 24, 2010.
C. On October 21, 2010, the date of the third down payment, the Plaintiff did not pay the remainder, but the Defendants notified the Plaintiff to pay the said payment, and the Plaintiff failed to implement the said payment. Nevertheless, the Defendants cancelled the instant sales contract on November 9, 2010 on the ground that the Plaintiff was not paid the purchase price, and the down payment already received KRW 560 million.