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1.The judgment of the first instance shall be modified as follows:
2. The defendant shall each of the plaintiffs 265,759,817 won and 200,000.
Reasons
The reasoning of the judgment that the court should explain in this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance in addition to the following cases. Therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act
In Section 3, “The plaintiffs paid the down payment of KRW 1 billion to the defendant on the same day.” The plaintiffs paid the down payment of KRW 1 billion to the defendant on the same day, and as to the remaining KRW 200 million, the defendant agreed with the defendant on April 1, 2002 that the defendant received KRW 200 million from Jinju Construction Co., Ltd. (hereinafter “Jin Construction”) as the purchase and sale contract amount for each real estate of this case, and Jinju Construction recovered KRW 200 million from Jinju L and M.
“The confirmation document of the plaintiffs was prepared on May 29, 2007. The defendant prepared a receipt of KRW 1 billion for the down payment from the defendant.” According to the above findings of the determination as to the plaintiffs’ cause of claim, “Evidence Nos. 4 through 6, 50, 51, 54, and Nos. 1 through 6, 13” in Section 60 of the 10th 10th 6th 6th 6th 6th 6th 6th 600 6, and the above evidence No. 1 through 6, 13th 14th 6th 6th 6th 6th 6th 6th 2007, the contract of this case was lawfully cancelled, and the defendant is obligated to pay the plaintiffs each of KRW 200 million for each of the plaintiffs (=80 million 80 million x 1/4 600 x 1/4 5th 2018) and the above down payment date.
However, as long as the plaintiffs did not actually pay the remaining down payment KRW 200 million to the defendant in relation to the contract of this case, the remaining down payment KRW 200 million is agreed to recognize KRW 200,000,000 which the defendant received from Jinju Construction, and the down payment is about KRW 1 billion from the defendant.