beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under the facts, Defendant B is the owner of forest E, forest E 1,983 square meters (hereinafter “instant real estate”) in Daegu-gun, and the Plaintiff is the purchaser of the instant real estate from Defendant B, and Defendant C and D (hereinafter “Defendant C et al.”) are licensed real estate agents who arranged the instant real estate sales contract between Defendant B and the Plaintiff.
On June 23, 2014 (see, e.g., Supreme Court Decision 200, Jul. 21, 2014); the Plaintiff purchased the instant real estate from Defendant B as a broker of Defendant C, etc. (see, e.g., Supreme Court Decision 2000, Jul. 23, 2014; 200,000 won for intermediate payment, KRW 50,000 for intermediate payment, KRW 50,000 for the remainder payment, and KRW 10,000 for the remainder payment, etc. on the same day (hereinafter referred to as the “former sales contract”).
The sales contract of this case stated the category of the real estate in this case as a natural green belt.
However, the Plaintiff failed to pay the intermediate payment at the initial time of the intermediate payment under the agreement between the Plaintiff and Defendant B, but the date of the intermediate payment was postponed on August 11, 2014, the Plaintiff failed to comply with the Plaintiff’s circumstances. As such, the Plaintiff drafted and issued a letter of performance that waivers the down payment and terminates the contract (However, the buyer’s name is F) if the payment is not made by September 25, 2014 with the date of the remainder payment set by the Plaintiff’s agreement.
On September 25, 2014, the Plaintiff: (a) concluded and rescinded the previous sales contract of this case with Defendant C, etc.; and (b) purchased the instant real estate in KRW 100,000,000; and (c) KRW 20,000,000, the intermediate payment of KRW 60,000,000 on the contract date, and the intermediate payment of KRW 60,000 on November 13, 2014, the remainder amount of KRW 20,000.