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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 11, 2005, the Plaintiff entered into a contract with the Defendants to purchase KRW 3.5 billion with respect to the Plaintiff’s housing construction business as well as the Plaintiff’s purchase price of KRW 12.48 square meters of the above site and the above site’s ground property and business rights (hereinafter “instant real property”).
B. The main contents of the “real estate sales contract” prepared between the original and the Defendant at the time of the conclusion of the instant sales contract are as follows.
Article 1 (Sales Contract) Total Purchase Price: Amount of KRW 00 billion per day: Amount of KRW 1,500,000,000 of KRW 23 June 2005, the balance of KRW 2,500,000 on June 23, 2005, shall be six months after the down payment: Provided, That at the time of paying the remaining price, the remainder may be extended only once, six months after deducting the right to collateral security, superficies, provisional registration, provisional seizure, leases, and other taxes and public charges set forth in the object A, and the balance shall be paid, and the documents required before ownership shall be submitted by “A” to “B.”
Section 4(1) B shall pay the purchase price prescribed in Section 1 after the preparation of this Agreement. (2) If A wishes to cancel the contract, the down payment shall be reverted to A and the contract shall be null and void if A wishes to cancel the contract.
C. On June 23, 2005, the Plaintiff paid 1 billion won the down payment to the Defendants.
On March 23, 2006, the Defendants notified the Plaintiff of the rescission of the instant sales contract in the event that the payment date of the remainder was extended once on March 23, 2006. On March 9, 2006, the Defendants urged the Plaintiff to pay the balance by March 23, 2006.
E. Accordingly, on May 30, 2006, the Plaintiff requested the extension of the payment date of the remainder after re-payment as of May 30, 2006.