약정금
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 April 2013, the Plaintiff decided to sell each real estate listed in the separate sheet owned by the Defendants and the Plaintiff (hereinafter “instant real estate”) to the Defendants. However, the Plaintiff concluded a sales contract on the condition that the registration of establishment of a partial establishment of a mortgage should be cancelled, taking into account the registration of establishment of a multiple neighboring areas as follows, which was completed on the instant real estate. The Plaintiff received part of the purchase price from the Defendants, and cancelled the registration of establishment of the remaining neighboring areas with the money, and the Defendants first received the registration of establishment of a mortgage and paid the balance after the Plaintiff’s
B. Accordingly, on April 17, 2013, the Plaintiff concluded a sales contract with the Defendants on the instant real estate as follows.
(A) The contract is concluded on the day when the registration of cancellation is confirmed with D’s collateral security (the maximum bond amount of KRW 220 million), and the Defendants paid the down payment of KRW 50 million and the intermediate payment of KRW 130 million. (B) The Plaintiff paid KRW 130 million to D’s collateral security (the intermediate payment of KRW 220 million).
(C) At the same time, the Defendants paid down payment and intermediate payment pursuant to the above contents, and the Plaintiff completed the registration of ownership transfer of the instant real estate to the Defendants, and ordered the said real estate.
(D) The remainder shall be paid on the 120th day from the above contract date, and the Plaintiff shall be paid the remainder KRW 320 million after performing the procedure for cancelling the registration of bonds related to the registration on the registry of the instant real estate, as recorded on the registry of the instant real estate.
Provided, That in the event that the plaintiff is unable to cancel the above bonds within 120 days, the defendants may pay the creditors the amount of credit, may cancel the registration of the bonds, and may pay the remaining amount after deducting the amount.
(e).