손해배상등
1. The part concerning the claim for cancellation of the sales contract among the instant lawsuit is dismissed.
2. The plaintiff's remaining parts against the defendants.
1. The facts under the basis of facts may be found, either in dispute between the parties or in accordance with Gap evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and Eul evidence 1, together with the whole purport of the pleadings. A.
On October 28, 2014, the Plaintiff sold at KRW 440,000,00 the first floor of the Do Building (hereinafter “instant real estate”) owned by the Plaintiff to Defendant C as a broker by Defendant B, and agreed to cancel the remainder of KRW 396,00,000 on the date of the contract, and the remainder of KRW 396,00,000 on the date of the contract, and the remainder of KRW 20,000 on the instant real estate shall be paid on December 22, 2014, while the remainder of KRW 20,00,000 on the instant real estate shall be deducted and settled at the time of payment of the remainder. The Plaintiff agreed to cancel the remainder of the registration of the establishment of a mortgage on the instant real estate until the remainder is paid.
(hereinafter “instant sales contract”). B.
On October 24, 2014, prior to the conclusion of the instant sales contract, Defendant C paid KRW 33,000,000 to the Plaintiff as the down payment according to the oral agreement with the Plaintiff, and thereafter, Defendant C paid the full down payment to the Plaintiff by additionally paying KRW 11,00,000 on October 28, 2014.
C. On December 16, 2014, the Plaintiff sent to Defendant C a certificate to the effect that, due to the Plaintiff’s inevitable circumstances, the Plaintiff changed the payment date of the remainder and notified the payment date and place for the remainder under mutual agreement thereafter. On December 18, 2014, the Defendant C sent the certificate to the effect that the Plaintiff would not accept the change of the payment date of the remainder, and that the Plaintiff would receive the remainder on the date specified in the contract and perform its contractual obligations.
On December 22, 2014, the Plaintiff sent to Defendant B a certificate of content that he/she would change the schedule for the payment of balance and the transfer of ownership, and Defendant C, on December 26, 2014, performed the registration procedure for the cancellation of the registration of the establishment of a neighboring mortgage on the instant real estate by Changwon District Court No. 4649, Changwon District Court 2014.