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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 30, 2017, the Plaintiffs concluded a sales contract with the content that they purchase the F apartment G (hereinafter “instant apartment”) of Seocho-gu Seoul Metropolitan Government E [Road Name Seoul Seocho-gu, Seoul), a F apartment G (hereinafter “instant apartment”) with one-half shares of the Defendants, and paid the Defendants KRW 50,000,000 out of the down payment of KRW 170,000,000 on the same day.
B. In the apartment of this case, the creditor's provisional attachment (the claimed amount of KRW 100,00,000) and the right holder's provisional attachment (the claim amount of KRW 100,000) and each seizure (the right holder), the mortgagee's right to collateral security (the maximum claim amount of KRW 240,000,000 and Defendant D), respectively, set forth the following special terms at the time of entering into the sales contract of this case.
3. The buyer (the Plaintiff) shall pay 50,000,000 won of the down payment of KRW 170,000,000 on the contractual date, and the seller (the Defendant) shall pay 11 provisional attachment No. 14, 14, and attachment No. 15, and 240,000,000 of the maximum debt amount of the I Bank set up in the Gu No. 12 until June 30, 2017, and at the same time, the buyer shall pay the remainder of the down payment of KRW 120,00,00 in the account of the seller’s account.
4. On June 30, 2017, in the event that the cancellation of a special agreement under paragraph (3) is not performed on June 30, 2017, the seller shall reimburse the purchaser for the amount equal to KRW 50,000,000,00 which the seller received, and the contract shall take precedence over this special agreement in the event of a conflict with other Acts.
C. When the Defendants failed to perform the obligations prescribed in paragraph (3) of the special terms and conditions of the instant sales contract by June 30, 2017, the Defendants prepared, on June 30, 2017, the following certificates (hereinafter “instant certificates”) and issued them to the Plaintiffs.
1. Paragraph 3 of the terms and conditions of a sales contract concluded on May 30, 2017, which was concluded by the seller (the Defendants) was to implement until June 30, 2017.