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1. The Plaintiff, Defendant A, Defendant B, Defendant B, Defendant B, Defendant C, Defendant C, Defendant C, KRW 2,000,000, and Defendant D, KRW 2,915,000, and KRW 2,915,00.
Reasons
1. Facts of recognition;
A. On November 16, 2006, the Plaintiff purchased 1/2 shares in Daegu Dong-gu E and F from Defendant A in the purchase price of KRW 189,450,000 (18,945,000 for the intermediate payment), and paid KRW 25,00,000 out of the purchase price on January 29, 2007.
B. On November 16, 2006, the Plaintiff purchased 1/2 shares of the Daegu Dong-gu E and F from Defendant B in the purchase price of KRW 189,450,000 (18,945,000 for the intermediate payment), and paid the purchase price of KRW 40,000 for the total sum of KRW 20,000,000 on January 30, 2007.
C. On May 5, 2007, the Plaintiff purchased Daegu-gu G from Defendant C at KRW 15,000,000 (the intermediate payment is KRW 2,00,000), and paid KRW 4,00,000 out of the purchase price around July 10, 2007.
E. On August 17, 2006, the Plaintiff purchased the Daegu Dong-gu H from Defendant D for KRW 170,850,000 (the intermediate payment is KRW 17,085,000) and paid KRW 20,000 out of the purchase price on January 31, 2007.
F. Each of the above sales contracts has not been implemented due to the Plaintiff’s reasons.
[Ground] Facts without dispute, Gap's evidence 2 to 5, Gap's evidence 3 to 9, the purport of the whole pleadings
2. The assertion and judgment
A. Since each of the instant sales contracts was reversed, the Plaintiff asserts to the effect that the remainder of the sales price should be refunded from the Defendants after deducting the down payment with penalty. According to the above fact of recognition, the Defendants are obligated to refund the remainder after deducting the down payment equivalent to the down payment received.
B. Defendant A asserts that the judgment of the Defendants’ assertion is the full down payment of KRW 25,00,000 which he received. However, there is no evidence to acknowledge it, and such assertion is without merit.
Defendant B asserts to the effect that the Plaintiff’s claim is unjust, since Defendant B agreed to waive the down payment and the intermediate payment in a case where the remainder cannot be paid by August 25, 2007.
In the event that the remaining payment is not paid, the down payment and intermediate payment, etc.