이자금
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 May 20, 2008, the Plaintiff concluded a sales contract with the Defendants to sell the instant real estate in total amount of KRW 1,230,000,000, and the down payment of KRW 11,070,000 on the date of the contract, and the remainder payment of KRW 11,070,000,000,000 on the date of the contract, on January 19, 2009 (hereinafter “instant sales contract”). < Amended by Act No. 13797, Jan. 19, 2009>
[Real estate sales contract] Article 3 (Transfer of Ownership) (2) A seller shall transfer the ownership of the goods to a buyer or a person designated by the buyer on the date of payment of the remaining price.
Article 9 (Other Matters) (1) Where any change occurs in the name of a buyer, such as the name and domicile of the buyer, due to circumstances of the buyer after the receipt of the down payment, the seller shall permit such change, and where necessary for permission, etc. of land transaction, the seller shall prepare and cycle a contract again, and where any act of the seller, such as documents
Matters of special agreement
5. The buyer may designate a registered titleholder only by the date of registration of transfer, and the seller shall cooperate in the procedures for permission and transfer of registration;
Provided, That the purchaser shall not resell to a third party prior to the permission, and the terms and conditions of this special agreement shall prevail over Articles 3 and 9.
B. The instant sales contract provides for the following provisions with respect to the designation or modification of a purchaser:
C. However, the Defendants failed to pay the remaining amount by the deadline for the payment of the remaining amount, and the Plaintiff and the Defendants, around February 19, 2009, with respect to the fact that the Defendants intended to pay the remaining amount as above, including ① KRW 1,230,000,000 paid by the Defendants as penalty for penalty, shall be confiscated, and ② the deadline for the payment of the remaining amount under the instant sales contract shall be May 209.