계약금 반환 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The Plaintiff’s father D, on behalf of the Plaintiff (hereinafter referred to as “Plaintiff”), shall not be classified into “Plaintiff” and “Plaintiff”, except where it is necessary to indicate the Plaintiff’s father D separately.
(2) On December 20, 2016, the Defendants’ building E-gu Busan Metropolitan Government 215.5 square meters and its ground (hereinafter “instant real estate”).
(2) In purchasing the purchase price in KRW 1.5 billion, the sales agreement was concluded to pay each of the remainder KRW 900 million on December 21, 2006, the down payment of KRW 150 million, the intermediate payment of KRW 500 million on February 15, 2017, and the remainder of KRW 900 million on March 30, 2017 (hereinafter “instant sales agreement”).
(2) On the same day, the Plaintiff prepared a so-called “cat contract” with the Defendant and the instant real estate as the purchase price, and prepared a loan certificate with the effect that “D shall borrow KRW 200 million from Defendant B as the due date of repayment on February 15, 2017,” with respect to KRW 200 million, and issued it to Defendant B.
3) On the date of the contract, the Plaintiff paid the Defendants the down payment of KRW 150 million under the instant sales contract. (B) On December 23, 2016, the Plaintiff sent to the Defendants a certificate of content (Evidence A No. 3-1) that “The Plaintiff shall request the rescission of the instant sales contract because the part of the instant real estate was not leased, and the amount was verified in the window of the instant real estate, and if not, the intermediate payment and the balance would not be paid.”
2) Accordingly, on January 2017, the Defendants decided to carry out the repair work for the acquisition of the title of the instant real estate, and the Plaintiff agreed to perform the payment obligation under the instant sales contract as it is. 3) Thereafter, on January 24, 2017, the Plaintiff newly entered into a contract with the Defendants at KRW 1.55 million in relation to the instant sales contract.