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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 2, 2015, the Plaintiff agreed to enter into a contract under which the Defendants and the Incheon D (hereinafter “instant building”) purchase KRW 399,639,150 (hereinafter “instant sales contract”) with the Defendants for KRW 39,639,150 (hereinafter “instant sales contract”) and accordingly, paid the Defendants the down payment of KRW 39,964,00 on the same day.
The method for the payment of a contract amount in December 2016 (the due date of occupancy shall be later notified): the contract deposit (10%) 39,964,00 won: the contract deposit (10%) 39,964,00 won shall be paid in installments on four occasions, the intermediate payment (50%) shall be paid in installments on four occasions, and the balance (40%) shall be paid in
(1) If the Defendants delayed the scheduled date of sale, the amount calculated by applying the following overdue rate to the payment already made shall be paid as compensation for delay or deducted from the remaining payment:
(Article 3). (b)
On December 20, 2015, the Plaintiff and the Defendants entered into a modified contract to pay 359,675,150 won (90% of the parcelling-out price) excluding the down payment without paying the intermediate payment separately with regard to the payment of the parcelling-out price on December 20, 2015.
C. Around January 3, 2017, the Defendants notified the Plaintiff that the designation date of occupancy was from February 27, 2017 to March 28, 2017.
On March 16, 2017, the Plaintiff sent to Defendant B Co., Ltd. a content-certified mail stating the intent to cancel the instant sales contract on the grounds of delay of occupancy, and the content-certified mail reached Defendant B Co., Ltd. on March 17, 2017.
E. The approval for completion of construction of the instant building was made on April 3, 2017, and salesroom occupants of the instant building became possible at this time.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 through 3, Eul evidence 1 and 2 (including each number in case of additional evidence), the purport of whole pleadings]
2. The assertion;
A. On December 31, 2016, the scheduled date of saleroom occupants set in the instant sales contract for the Plaintiff’s assertion 1.