beta
Text
1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On July 28, 2016, the Plaintiff entered into a contract with the Defendant, C, D, and E (hereinafter “Defendant, etc.”) to sell each real estate listed in the separate sheet and four parcels of land located in F in the same ducheon-si (hereinafter “instant sales contract”) at KRW 3,850,00,000 (contract amounting to KRW 300,500,000) (hereinafter “instant sales contract”).
B. Paragraph 4 of the special terms and conditions of the instant sales contract, and the Defendant, etc., by September 13, 2016, acquired the Plaintiff’s collateral security obligations of KRW 3,550,000 (one capital, KRW 400,000, KRW 150,000,000, and KRW 3 billion in National Federation of Fisheries Cooperatives) in lieu of the payment of the remainder, and the instant sales contract was automatically reversed if the Defendant, etc., fails to take over the said obligations, and the Defendant, etc. agreed to waive the entire contract deposit.
C. The Defendant, etc. paid KRW 300 million to the Plaintiff the down payment of the instant sales contract, and the Defendant received each real estate listed in the attached Table 2 and 3 from the Plaintiff to remodel the building as a medical care source.
The Defendant, etc. failed to assume the obligation stipulated in the foregoing special agreement by September 13, 2016, and the Plaintiff notified the Defendant, etc. of the termination of the instant contract as of September 20, 2016.
E. On September 29, 2016, the Plaintiff’s notice of termination was prepared and delivered to the Plaintiff. The content thereof was that the instant sales contract should be invalidated, such as giving up the down payment of KRW 300 million paid by the Defendant, etc. where the Defendant, etc. is unable to accept the obligation by October 28, 2016.
F. The Defendant, etc. failed to assume the obligation by October 28, 2016, and the Plaintiff notified the Defendant, etc. of the termination of the instant sales contract with the content certification as of November 16, 2016.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings
2. Determination;