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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are co-executions of the Ildong-gu Busan Metropolitan City C Apartment-gu, Yangyang-si.
B. On May 18, 2009, the Plaintiffs concluded a sales contract with the Defendants and the said C Apartment 314 1003 (hereinafter “instant apartment”) with regard to the sales price of KRW 696,60,000, down payment of KRW 34,830,000, intermediate payment of KRW 417,960,00,000, and the remainder of KRW 243,810,000 (hereinafter “instant sales contract”).
C. The Defendants paid the down payment to the Plaintiffs pursuant to the instant sales contract (24,800,000 won out of the down payment was deposited by the Plaintiffs into the account of the M&D Co., Ltd., the contractor, when lending to the Defendants on May 28, 2009), and thereafter, from the financial institutions that concluded an agreement with the Plaintiffs on the part payment loan, the Defendants loaned the total amount of KRW 417,960,000 over six times from the financial institutions that concluded the agreement with the Plaintiffs, and paid it as part payment.
The Plaintiffs set the occupancy designation period from October 31, 2010 to December 31, 2010, and notified the Defendants thereof. The Defendants did not enter the instant apartment without paying any balance under the instant sales contract.
E. On May 6, 2011, the Plaintiffs sent the balance payment notice to Defendant A by content-certified mail, demanding payment of the balance by May 20, 2011. The said peremptory notice was served to Defendant A around that time.
On April 9, 2013 and May 13, 2013, the Plaintiffs sent a peremptory notice for payment to Defendant B by content-certified mail, including any balance that the Plaintiffs urged to pay the balance until April 16, 2013 and May 20, 2013. The said peremptory notice was served to Defendant B around that time.
F. Nevertheless, the Defendants did not pay any balance. On May 22, 2013, the Plaintiffs sent a notice of cancellation of the instant sales contract to the Defendants by mail, which notified the Defendants of the cancellation of the instant sales contract, and the said notice was served to the Defendants around that time.
G. Meanwhile, around 2011, the Plaintiffs are the instant case between the Mugunghwa Trust Co., Ltd. and the Plaintiff.