매매대금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 11, 2015, the Plaintiff entered into a sales contract with Defendant C, an agent of Defendant B, for the purchase of KRW 370,00,00 of the Daegu Suwon-gu D site and housing (hereinafter collectively referred to as “instant real estate”), which is the Plaintiff’s agent, for KRW 20,000,000 on the date of the contract, and for the remainder of KRW 350,000,000 on the date of the contract, and for the payment of KRW 20,000 on February 24, 2015 (hereinafter referred to as “instant sales contract”), and paid KRW 20,000 on the same day the same day.
At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendants agreed that if the seller or the purchaser fails to fulfill the contract, the other party may notify the seller in writing and cancel the contract, and the contractual party may claim damages for the cancellation of the contract to the other party, respectively. In the absence of any separate agreement on the damages, the contract deposit
On March 2, 2015, the Plaintiff sent a text message to the Defendants to request the return of down payment, as the Defendants refused to receive the remainder payment, and on March 2, 2015, the Plaintiff sent a certificate of content that the Defendants immediately sought the return of down payment KRW 20,000,000 on the grounds that the Defendants did not perform the contract on the remainder payment date.
On March 10, 2015, the Defendants notified the Plaintiff that the Plaintiff did not pay any balance on the payment date of the remainder, and notified the Defendants that the documents required for the registration of ownership transfer of the instant real estate were stored in the Defendants’ attorney-at-law office with respect to the documents required for the registration of ownership transfer of the instant real estate, and notified the Defendants that the documents were prepared to pay the balance at the same time as the payment of the balance was made, and if the balance would not be paid until then, the instant sales
[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff 1's assertion that the contract is rescinded on the grounds of the delayed performance of the defendants.