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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff (former trade name before the change: the Young Pung Industrial Development Co., Ltd.; hereinafter “Plaintiff”) is a company established for the purpose of real estate sales business.
Defendant B is the denial of Nonparty A who died during the instant lawsuit pending, and Defendant C and D are the children of Defendant C and D.
B. On April 12, 2013, the Plaintiff Company entered into a contract with the Plaintiff Company, etc. with the owner of the instant land, including A, Defendant B, Nonparty G, Nonparty H, and Defendant C, who was the representative or representative of the said owner.
hereinafter referred to as “A, etc.”
From Cheongju-si, considerable E and twenty parcels (hereinafter “instant land”) were purchased in total amount of KRW 7.8 billion (hereinafter “the first sale”).
Of the contract for the First Sale of this case, the part relating to this case is as follows.
1.This building and land will enter into 7.8 billion and pay the down payment 500 million won and shall pay the balance in full after approval of the business for the remainder.
Provided, That the remainder date shall be March 30, 2014.
3. If the remainder on March 30, 2014 is not paid, 500 million won (Plaintiff Company) shall waive the down payment.
C. The Plaintiff Company did not pay the balance of the First Sale until March 30, 2014 to A, etc.
Accordingly, around July 2014, Plaintiff Company A, Non-Party F, etc. entered into an agreement on the legal relationship surrounding the instant land (hereinafter “instant agreement”).
The part relating to the instant case in the instant agreement is as follows.
A: A, etc. (Buyer): F. F.C. (Initial Contractor): Plaintiff Company.
2. Ascertainment that the agreement that A entered into on April 12, 2013 with respect to the instant real estate was rescinded.
3. 50 million won paid as the down payment by Byung is confirmed that the contract was rescinded by Byung’s return book (payment delay) and that the penalty has been reverted to Gap.
3. Between A and C.