The plaintiff's primary claim and the conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

On June 21, 2016, the Plaintiff purchased the instant real estate from the Defendants by fixing the purchase price of KRW 560,000,000, and the remainder payment date as of August 31, 2016 (hereinafter “the instant transaction”), and paid the Defendants the down payment of KRW 50,000,000 (hereinafter “the instant down payment”), and the Defendants removed the tenants from the said payment date of the remainder payment.

Since then, the plaintiff and the defendant changed the payment date of the balance to September 30, 2016, and the previous contract was null and void.

The Defendants removed tenants who resided in the instant real estate before September 15, 2016, but the Plaintiff was unable to prepare the remainder by the due date for the payment of the remainder, and on September 30, 2016, the Defendants drafted the separate sheet (No. 6; hereinafter “each sheet of this case”).

[Grounds for recognition] In the absence of dispute, Gap 1, 2, 5 evidence, Eul 1, and 6 evidence (including serial numbers), and the purport of the whole pleadings as to the plaintiff's main claim was to change the payment date at the request of the defendants. On September 28, 2016, although the plaintiff failed to prepare any balance due to the regulation on real estate loan, etc. on or around October 23, 2016 prepared and provided the balance, the defendants refused to receive it.

Therefore, the Defendants should implement the procedure for the registration of ownership transfer on the instant real estate to the Plaintiff.

Even if the contract for the instant preliminary claim was rescinded, it is difficult to conclude that the cause attributable thereto exists to the Plaintiff, and the Defendants should return the down payment to the Plaintiff.

Even if not, the defendants take advantage of the double profits by selling the real estate of this case to a third party and receiving a down payment, so the estimated amount of damages owned by the defendant should be reduced drastically in accordance with Article 398(2) of the Civil Code.

Judgment

The plaintiff is judged as to the primary claim.